PATRICK C. LYNN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed denial of post-conviction relief challenging a nolo contendere plea but reversed and remanded because the trial court imposed unsupervised probation in violation of statutory requirements mandating Department of Corrections supervision.
A trial court lacks authority to impose unsupervised probation because Florida Statute § 948.01(3) mandatorily requires that individuals placed on probation be supervised by the Department of Corrections.
[1] Unsupervised probation is statutorily prohibited because Florida Statute § 948.01(3) mandatorily requires that all individuals placed on probation be supervised by the De…
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Join FLexlaw to unlock all legal intelligence“Probation is a creature of statutory law, and the courts are, therefore, limited to the authority set out in the applicable statute.”
Court explaining the statutory basis for probation authority and limitations
Appellant Lynn entered a plea of nolo contendere and received a 10-year sentence with the first 195 days to be served and the remainder suspended, wit…
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PER CURIAM.
The order denying appellant’s motion for post-conviction relief filed pursuant to Rule 3.850, Florida Rules of Criminal Procedure, as it relates to appellant’s contentions that he did not knowingly and voluntarily enter a plea of nolo contendere, is affirmed. However, the case is remanded for correction of the judgment and sentence, because the trial judge placed the appellant on unsupervised probation.
The court suspended the remainder of a 10-year sentence after directing that appellant serve the first 195 days of it, and further directed that he remain on unsupervised probation as to the suspended portion, and attached to it the condition that he leave the state of Florida by a certain date.
Probation is a creature of statutory law, and the courts are, therefore, limited to the authority set out in the applicable statute. State v. Wilcox, 351 So. 2d 89, 91 (Fla. 2d DCA 1977); Brown v. State, 302 So. 2d 430 (Fla. 4th DCA 1974). Section 948.01(3), Florida Statutes (1979), clearly states that an individual placed on probation shall be supervised by the Department of Corrections. The statutory requirement is mandatory. Hardy v. State, 370 So. 2d 822, 823 (Fla. 2d DCA 1979); Wilcox, supra, at 91.
That portion of the sentence placing appellant on unsupervised probation is reversed and the cause is remanded for further proceedings consistent with this opinion.
McCORD, ROBERT P. SMITH, Jr., and ERVIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. McGRAW, 474 So. 2d 289 (Fla. 3d DCA 1985)…e state’s substantive argument first and then McGraw’s procedural contention. The state contends that upon conviction of a felony, section 948.01(3) mandates a reporting probation. We agree, as have at least two of our sister courts. Lynn v. State, 398 So. 2d 977 (Fla. 1st DCA), review denied, 411 So. 2d 383 (Fla.1981); Hardy v. State, 370 So. 2d 822 (Fla. 2d DCA 1979); State v. Wilcox, 351 So. 2d 89 (Fla. 2d DCA 1977). We reverse the order placing McGraw on a non-reporting probation and remand for resentenc…
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Gearhart v. State, 885 So. 2d 415 (Fla. 5th DCA 2004)…ring, the court found the defendant violated his probation and he was thereafter sentenced to five years imprisonment. Probation is a creature of statute and courts are limited to the authority set out in the applicable statutes. See Lynn v. State, 398 So. 2d 977 (Fla. 1th DCA), rev. denied, 411 So. 2d 383 (Fla.1981). Chapter 948, Florida Statutes, governs terms and conditions of probation and provides in part at subsection (6) that “the court may rescind or modify at any time the terms and conditions theret…
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Lynn v. State, 458 So. 2d 7 (Fla. 1st DCA 1984)…of the order finding that appellant’s plea was not unlawfully induced, but remanded to the trial court for correction of the judgment and sentence, holding the unsupervised probation portion of appellant’s sentence to be illegal. See Lynn v. State, 398 So. 2d 977 (Fla. 1st DCA 1981). On September 11, 1981, the trial court entered its order correcting the sentence by placing appellant on supervised probation for the period of time set forth in the [*9] original sentence. Shortly thereafter, appellant filed h…
Authorities Cited
- State v. Wilcox, 351 So. 2d 89 (Fla. 2d DCA 1977)
- Brown v. State, 302 So. 2d 430 (Fla. 4th DCA 1974)
- Martin v. State, 370 So. 2d 822 (Fla. 2d DCA 1979)