RAYMOND FREDERICK A/K/A BILLY FEDRICK, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the defendant's probationary term expired before the violations occurred, rendering the subsequent judgment and sentence a nullity, and that the trial court's modification of the probation was unlawful.
The defendant was found to have violated probation. The trial court entered a judgment and sentence for these violations. The defendant had begun serv…
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PER CURIAM.
We reverse the judgment and sentence imposed in Circuit Court Case No. 76-2390 with directions to vacate on a holding that (1) the defendant’s two-year probationary term in Case No. 76-2390 expired well before the violations of probation occurred and rendered the judgment and sentence imposed on the defendant for such violations a nullity, see Peyton v. State, 383 So. 2d 737, 738 n.2 (Fla.3d DCA 1980); (2) the trial court’s subsequent sua spohte order which purported to modify the defendant’s probationary term, which the defendant had begun serving, by postponing its effective date (a) unlawfully subjected the defendant to increased punishment for the same offense, Troupe v. Rowe, 283 So. 2d 857 (Fla.1973), and (b) alternatively, was an unauthorized extension of the defendant’s probation, see Section 948.06, Florida Statutes (1979); Smith v. State, 377 So. 2d 250 (Fla.3d DCA 1979); Patrick v. State, 336 So. 2d 1253 (Fla. 1st DCA 1976).
The defendant’s appeals from the judgments and sentences imposed in all cases except Circuit Court Case No. 76-2390 are affirmed.
Affirmed in part; reversed in part, with directions to vacate the judgment and sentence imposed in Circuit Court Case No. 76-2390.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Johnson v. State, 502 So. 2d 1291 (Fla. 1st DCA 1987)…ed sentence improperly increased his sentence. Florida courts have found impermissible enhancements of punishment where the trial court increased a term of jail or prison time. Farber v. State, 409 So. 2d 71 (Fla. 3d DCA 1982); Frederick v. State, 405 So. 2d 1344 (Fla. 3d DCA 1981); Royal v. State, 389 So. 2d 696 (Fla. 2d DCA 1980); Gonzalez v. State, 384 So. 2d 57 (Fla. 4th DCA 1980); and Solomon v. State, 341 So. 2d 537 (Fla. 2d DCA 1977). We find the imposition of costs as a condition of probation without…
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Rudolpho Richter v. State, 629 So. 2d 157 (Fla. 4th DCA 1993)…restitution was pending when the term expired. Thereafter, the court had no jurisdiction to modify or extend the probation. Cf. Clark v. State, 579 So. 2d 109 (Fla.1991); Shankweiler v. State, 427 So. 2d 215 (Fla. 4th DCA 1983); Frederick v. State, 405 So. 2d 1344 (Fla. 3d DCA 1981). We remand with directions to vacate any orders entered subsequent to the April 23, 1992 termination date. HERSEY and GUNTHER, JJ., concur.…
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Suliany Ivette Garcia-Medina v. State, 135 So. 3d 1119 (Fla. 2d DCA 2013)…od or by addition of terms, a violation of probation must be formally charged and the probationer must be brought before the court and advised of the charge, following the procedures of section 948.06, Florida Statutes (1993).”); Frederick v. State, 405 So. 2d 1344, 1345 (Fla. 3d DCA 1981) (holding that the trial court’s sua sponte order that purported to modify the defendant’s probation violated double jeopardy and was also an unauthorized extension under section 948.06). This is true even if the trial court…
Authorities Cited
- Flazell Troupe v. The Honorable Ellen Morphonios Rowe & the Honorable Paul Baker, 283 So. 2d 857 (Fla. 1973)
- Verle Vernelle Patrick v. State, 336 So. 2d 1253 (Fla. 1st DCA 1976)
- Peyton v. State, 383 So. 2d 737 (Fla. 3d DCA 1980)
- Smith v. State, 377 So. 2d 250 (Fla. 3d DCA 1979)