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Johns v. State

District Court of Appeal of Florida, Second District
Jan 17, 1992
596 So. 2d 685 (Fla. Dist. Ct. App. 1992)

Opinion

No. 90-03153.

January 17, 1992.

Appeal from the Circuit Court for Hillsborough County; Harry Lee Coe, III, Judge.

James Marion Moorman, Public Defender, and William Pena Wells, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ron Napolitano, Asst. Atty. Gen., Tampa, for appellee.


We affirm the convictions and sentences imposed upon appellant after he was found guilty of violating his probation.

We need not and do not address the appellant's contention that he should not have been sentenced to probation after having been declared a habitual offender. The appellant did not object to that probationary sentence when it was imposed nor did he timely appeal that sentence thereafter. His acceptance of probation constituted a waiver of the right to attack that probation at revocation. See Wolfson v. State, 437 So.2d 174 (Fla. 2d DCA 1983).

We find no merit in any of the remaining issues raised by the appellant.

Affirmed.

SCHOONOVER, C.J., and DANAHY and PARKER, JJ., concur.


Summaries of

Johns v. State

District Court of Appeal of Florida, Second District
Jan 17, 1992
596 So. 2d 685 (Fla. Dist. Ct. App. 1992)
Case details for

Johns v. State

Case Details

Full title:RICKY M. JOHNS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jan 17, 1992

Citations

596 So. 2d 685 (Fla. Dist. Ct. App. 1992)

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