Hines v. State

 Annotate this Case
Download PDF
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ARCHIE JAMES HINES, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D12-2959 Opinion filed June 28, 2013. Appeal from the Circuit Court for Hardee County; Marcus J. Ezelle, Judge. Howard L. Dimmig, II, Public Defender, and Allyn M. Giambalvo, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Tonja Rene Vickers, Assistant Attorney General, Tampa, for Appellee. WALLACE, Judge. Archie Hines appeals an order revoking his community control and the sentences subsequently imposed on his convictions for armed burglary with an assault or battery and two counts of felony battery. Mr. Hines's appellate counsel filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967). After an independent review of the record and of the law, we affirm the revocation of Mr. Hines's community control and the sentences imposed for the underlying convictions following revocation. Appellate counsel noted that the written revocation order incorrectly states that Mr. Hines admitted violating conditions 9, 14, 15, and 16 of his community control when the trial court only found two violations of condition 15. However, this issue was not preserved for appellate review by an objection in the trial court or by the filing of a motion under Florida Rule of Criminal Procedure 3.800(b). See Ortuno v. State, 32 So. 3d 121, 121 (Fla. 2d DCA 2009); Evett v. State, 947 So. 2d 662, 662-63 (Fla. 2d DCA 2007); Jones v. State, 898 So. 2d 209, 209-10 (Fla. 2d DCA 2005); Jelks v. State, 770 So. 2d 183, 185-86 (Fla. 2d DCA 2000). Affirmed. MORRIS and SLEET, JJ., Concur. -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.