CHARLES R. STEARNS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
We reverse the orders of the trial court which (1) revoked Stearns’ probation, and (2) adjudged him guilty of the crime of grand theft and sentenced him to five years in prison.
The revocation hearing was held on June 26, 1981, and the trial judge entered the order which revoked Stearns’ probation on that date. However, the judgment and sentence were entered and filed with the clerk one week earlier on June 19, 1981. Section 948.06, Florida Statutes (1979) mandates that a judgment and sentence be entered only after probation has been revoked. This was not done.
Accordingly, we reverse the orders entered by the trial court and remand for a new revocation hearing. Because of our disposition, we need not address the other point Stearns raises. Shanklin v. State, 369 So. 2d 620 (Fla. 2d DCA 1979).
We reverse and remand for further proceedings consistent with this opinion.
GRIMES, A. C. J., and RYDER and DANAHY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Stearns v. State, 498 So. 2d 982 (Fla. 2d DCA 1986)…second-degree grand theft and was placed on five-years probation in Case No. 79-1878. In 1981, defendant’s probation was revoked and he was sentenced to five-years imprisonment. This court reversed that revocation order in 1982. See Steams v. State, 412 So. 2d 969 (Fla. 2d DCA 1982). On July 21, 1982, defendant was reinstated on probation. In 1983, defendant’s probation was again revoked and he was placed on community control for two years. An affidavit of violation of community control was filed in 1985. At…
Authorities Cited
- Shanklin v. State, 369 So. 2d 620 (Fla. 2d DCA 1979)