DORTHEA ANN WARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A single general probation term cannot be imposed for multiple offenses.
Appellant pleaded nolo contendere to three separate crimes and received a single general probation period for all offenses.…
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CAMPBELL, Judge.
Appellant pleaded nolo contendere to three separate crimes: resisting an officer with violence, battery of a law enforcement officer, and false report to a law enforcement officer. The court imposed a general probation period of two years for all three offenses.
In Dorfman v. State, 351 So. 2d 954 (Fla.1977), the Florida Supreme Court held that a single general sentence may not be imposed for two or more crimes. We, along with all but one of our sister courts, have extended the Dorfman rationale to prohibit general terms of probation for two or more offenses. Glanton v. State, 415 So. 2d 909 (Fla. 2d DCA 1982); Jacques v. State, 414 So. 2d 598 (Fla. 1st DCA 1982); Price v. State, 393 So. 2d 69 (Fla. 5th DCA 1981); and Pearson v. State, 371 So. 2d 569 (Fla. 4th DCA 1979).
Hence, we hold the trial court erred in imposing a general probation term on the offenses. Appellant is entitled to a set term of probation on each conviction. That way there can be no question as to appellant’s status at any given point in time.
Accordingly, the cause is remanded to the trial court with directions to enter separate probation orders for each offense committed by appellant.
GRIMES, A.C.J., and LEHAN, J., concur.
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T.A.R. v. State, 640 So. 2d 222 (Fla. 5th DCA 1994)…ed on J.J.S. v. State, 465 So. 2d 621 (Fla. 2d DCA 1985). The court in J.J.S. held that the sentence before it was improper because it flowed from a single, general order of probation for two separate crimes. The J.J.S. court cited to Ward v. State, 429 So. 2d 825 (Fla. 2d DCA 1983) and Glanton v. State, 415 So. 2d 909 (Fla. 2d DCA 1982), both of which were predicated on Dorfinan v. State, 351 So. 2d 954 (Fla.1977), wherein the supreme court held that a single, general sentence may no longer be imposed for tw…
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J.J.S. v. State, 465 So. 2d 621 (Fla. 2d DCA 1985)…aggravated assault charge and the charge of throwing a missile into an occupied vehicle. We agree with the appellant that his sentence is improper because it flows from a single, general order of probation but for two separate crimes. Ward v. State, 429 So. 2d 825 (Fla. 2d DCA 1983); Glanton v. State, 415 So. 2d 909 (Fla. 2d DCA 1982) We also agree with the appellant that it was reversible error for the lower court to order that the amount and manner of restitution be determined by the appellant’s counselor.…
Authorities Cited
- Dorfman v. State, 351 So. 2d 954 (Fla. 1977)
- Pearson v. State, 371 So. 2d 569 (Fla. 4th DCA 1979)
- Price v. State, 393 So. 2d 69 (Fla. 5th DCA 1981)
- Glanton v. State, 415 So. 2d 909 (Fla. 2d DCA 1982)
- Acebo v. State, 415 So. 2d 909 (Fla. 2d DCA 1982)
- Mannion v. Mannion, 414 So. 2d 598 (Fla. 1st DCA 1982)