Eugene Witherspoon v. the State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledMarch 11, 2020
Docket3D20-0198
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed March 11, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D20-0198
Lower Tribunal No. 11-18504
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Eugene Witherspoon,
Appellant,
vs.
The State of Florida,
Appellee.
An appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the
Circuit Court for Miami-Dade County, Jose L. Fernandez, Judge.
Eugene Witherspoon, in proper person.
Ashley Moody, Attorney General, for appellee.
Before SALTER, SCALES, and MILLER, JJ.
PER CURIAM.
Affirmed. See Peterson v. State, 230 So. 3d 1274, 1275 (Fla. 5th DCA 2017)
(โA defendant violating the probation of a โprobationaryโ split sentence is thereafter
subject to being sentenced by the trial court to the maximum allowable period of
incarceration for the crime committed.โ) (citation omitted).
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