STATE OF FLORIDA, APPELLANT,
v.
LEVI KERN, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida appellate court affirmed the trial court's dismissal of a probation violation charge and discharge from probation when the probationer was serving an unrelated ten-year prison sentence, but remanded for entry of a corrected order clarifying that the dismissal pertained to the violation charge rather than the underlying convictions.
A trial court has discretion to dismiss a probation violation charge and discharge a probationer from probation when the probationer is incarcerated on unrelated charges.
[1] A trial court may dismiss a probation violation charge and discharge a probationer when the probationer is serving an unrelated prison sentence, exercising its broad disc…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceLevi Kern was placed on probation in a juvenile delinquency case for two misdemeanor offenses. While a probation violation charge was pending, Kern be…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Juvenile Delinquency Proceedings cases and more on FLexlaw
ALTENBERND, Judge.
The State appeals an “order of dismissal” entered in a probation revocation proceeding. The probation was originally imposed in a juvenile delinquency case for two misdemeanor offenses. The circuit court entered the order now on appeal to dispose of a pending charge of violation of probation when it learned that the probationer, Levi Kern, was now serving ten years in prison on unrelated charges. We find no abuse of discretion in the circuit court’s decision to dismiss the charge of violation of probation and to discharge Mr. Kern from his probation. See § 948.06(2)(d), Fla. Stat. (2006); State v. Harrison, 589 So. 2d 317, 318 (Fla. 5th DCA 1991) (discussing trial court’s “almost unlimited authority” in addressing violations of probation).
We remand, however, for entry of a corrected order. The written order entered by the circuit court appears to be a form order appropriate for judgments of acquittal pursuant to Florida Rule of Criminal Procedure 3.380 and judgments of not guilty pursuant to Florida Rule of Criminal Procedure 3.690. This order is inappropriate here because it suggests the dismissal involves the underlying convictions rather than the charge of violation of probation. On remand the circuit court must enter a corrected order specifically dismissing the charge of violation of probation and discharging Mr. Kern from his probation.
CASANUEVA and SILBERMAN, JJ., Concur.