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Johnson v. State

District Court of Appeal of Florida, Second District
Feb 19, 1992
593 So. 2d 1198 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-00468.

February 19, 1992.

Appeal from the Circuit Court, Hillsborough County, Harry Lee Coe, III, J.

James Marion Moorman, Public Defender, and Robert D. Rosen, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Elaine L. Thompson, Asst. Atty. Gen., Tampa, for appellee.


We affirm the appellant's conviction and sentence for violation of community control.

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

Affirmed.

SCHOONOVER, C.J., and HALL and PATTERSON, JJ., concur.


Summaries of

Johnson v. State

District Court of Appeal of Florida, Second District
Feb 19, 1992
593 So. 2d 1198 (Fla. Dist. Ct. App. 1992)
Case details for

Johnson v. State

Case Details

Full title:KATHY JOHNSON, A/K/A KATHY ELIZABETH JOHNSON, "CADILLAC" JOHNSON, KATHY…

Court:District Court of Appeal of Florida, Second District

Date published: Feb 19, 1992

Citations

593 So. 2d 1198 (Fla. Dist. Ct. App. 1992)