Martinez v. State
Docket: No. 3D02-2524
Court: District Court of Appeal of Florida; March 4, 2003; Florida; State Appellate Court
Nelson Martinez's appeal for the reversal of a probation revocation order is denied. The court affirms the order, noting it aligns with the oral findings and sentence imposed by the presiding judge during the probation violation hearing, thereby not prejudicing Martinez. The case is distinguished from Acker v. State, where it was unclear if the presiding judge had formally revoked probation and imposed a sentence. However, the State acknowledges that Martinez's sentence for grand theft exceeded the statutory maximum. The court agrees and reverses the sentence for grand theft, remanding for resentencing. The final decision is to affirm the probation revocation but reverse the sentence on the grand theft count.