ROGER LEE BRACEY, A/K/A ROGER LEE BRACY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed revocation of probation for crimes committed during incarceration, holding that probation violations can be found even before the probation period formally begins.
A probation period can be violated and revoked even before it formally begins if the defendant commits crimes while still incarcerated.
[1] Probation may be revoked for violations occurring before the probationary period formally commences if the defendant was under sentence and subject to the conditions of p…
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Join FLexlaw to unlock all legal intelligenceIn 1972, Bracey pled guilty to second degree murder and robbery, receiving 20 years for murder and lifetime probation for robbery (to begin upon relea…
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BERANEK, Judge.
In 1972, the defendant/appellant pled guilty to second degree murder and robbery and was sentenced to twenty years on the murder charge and probation for life on the robbery charge. The probationary period was to begin upon defendant’s release from incarceration on the murder charge. While in prison on the murder charge, defendant apparently escaped and committed an aggravated battery. He was again taken into custody and an affidavit was filed alleging a violation of his probation. Defendant moved to dismiss the affidavit urging that since his probation period had not yet begun, it could not be violated. The motion to dismiss the affidavit was denied and the trial court found the defendant guilty of both violations. The court revoked his probation and sentenced him to 99 years in prison on the robbery charge. The robbery sentence and the murder sentence were to run consecutively.
On appeal defendant contends the trial court had no jurisdiction to revoke his probation because the probation period had not yet begun. This issue has been previously dealt with by this Court in Hart v. State, 364 So. 2d 544 (Fla. 4th DCA 1979), and Martin v. State, 243 So. 2d 189 (Fla. 4th DCA 1971), wherein we ruled directly to the contrary. The judgment and conviction below is affirmed.
AFFIRMED.
ANSTEAD and HURLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Vendul Oliver Stafford v. State, 455 So. 2d 385 (Fla. 1984)…y of the order of probation. Id. at 190-191. This holding has been consistently followed by the Fourth District, see, e.g., Caudillo v. State, 400 So. 2d 122 (Fla. 4th DCA 1981); Kimble v. State, 396 So. 2d 815 (Fla. 4th DCA 1981); Bracey v. State, 381 So. 2d 370 (Fla. 4th DCA 1980); Hart v. State, 364 So. 2d 544 (Fla. 4th DCA 1978), and has been adopted by the Third District. Williamson v. State, 388 So. 2d 1345 (Fla. 3d DCA 1980). Stafford, 437 So. 2d at 233-34. We find that Stafford’s consecutive probat…
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Kimble v. State, 396 So. 2d 815 (Fla. 4th DCA 1981)…y dropped. Appellant’s probation was revoked for the remaining violations. Probation may be revoked for conduct which occurs during the interval between the entry of the probation order and the beginning of the probationary period. Bracey v. State, 381 So. 2d 370 (Fla. 4th DCA 1980); Martin v. State, 243 So. 2d 189 (Fla. 4th DCA 1971). The State argues that therefore probation may be revoked for conduct occurring during the interval between the date originally set for expiration of the probation term and the…
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Caudillo v. State, 400 So. 2d 122 (Fla. 4th DCA 1981)…his probation and appeals. We affirm. Appellant contends that the trial court had no jurisdiction to revoke his probation because the probation period had not yet begun. We have previously ruled contrary to appellant’s contention. Bracey v. State, 381 So. 2d 370 (Fla. 4th DCA 1980). AFFIRMED. DOWNEY and HURLEY, JJ., concur.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Shadrick A. Martin, Jr. v. State, 243 So. 2d 189 (Fla. 4th DCA 1971)
- Hart v. State, 364 So. 2d 544 (Fla. 4th DCA 1978)