Dyke v. State

Full title: DURWARD DYKE, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Jan 30, 2002

Case No. 4D01-286 (Fla. Dist. Ct. App. Jan. 30, 2002)

Opinion

Case No. 4D01-286.

Opinion filed January 30, 2002.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; James I. Cohn, Judge; L.T. Case No. 00-12009 CF 10 A.

Carey Haughwout, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Kristine Keaton, Assistant Attorney General, Fort Lauderdale, for appellee.

PER CURIAM.

We affirm the order revoking appellant's probation but reverse for re-sentencing on the authority of McFadden v. State, 773 So.2d 1237 (Fla. 4th DCA 2000). However, as we did in Anderson v. State, 792 So.2d 679 (Fla. 4th DCA 2001), we certify conflict with the third district in Rodriguez v. State, 766 So.2d 1147 (Fla. 3d DCA 2000), and the fifth district in Terry v. State, 778 So.2d 435 (Fla. 5th DCA), rev. granted, 790 So.2d 1108 (Fla. 2001).

AFFIRMED.

TAYLOR, HAZOURI and MAY, JJ., concur.

NOT FINAL UNTIL THE DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.