Ruiz v. State

Full title: FELIPE A. RUIZ, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Nov 22, 1983

441 So. 2d 1152 (Fla. Dist. Ct. App. 1983)

Opinion

No. 82-2393.

November 22, 1983.

Appeal from Circuit Court, Dade County; Robert P. Kaye, Judge.

Bennett H. Brummer, Public Defender and Beth C. Weitzner, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Calianne P. Lantz, Asst. Atty. Gen., for appellee.

Before HENDRY, BARKDULL and DANIEL S. PEARSON, JJ.

PER CURIAM.

We affirm the revocation of a probation upon the state showing of a subsequent unrelated conviction entered pursuant to a nolo contendere plea relying upon the reasoning contained in Bradford v. State, 435 So.2d 962 (Fla. 1st DCA 1983); and Maselli v. State, 425 So.2d 176 (Fla. 2nd DCA 1983), recognizing that these opinions are in conflict with Donaldson v. State, 407 So.2d 623 (Fla. 5th DCA 1981) (Cobb, J., dissenting).

Affirmed.