CATHERINE F. COCHRAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that probation cannot be revoked for conduct occurring before probation officially began.
The defendant pleaded guilty to four criminal charges and received probation. An affidavit of violation was filed, and probation was revoked. The defe…
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PER CURIAM.
On August 11, 1982, the defendant entered pleas of guilty to charges in four criminal cases pending against her, bearing circuit court case numbers 82-4290, 82-4494, 82-4493, and 82-4256. In case no. 82-4493 the defendant received three years probation to run consecutively to concurrent probation periods of seven years imposed in two of the other three cases.
On March 2, 1983, an affidavit of violation of probation was filed with respect to all four cases. An order was entered revoking probation in all four cases, and in case no. 82-4493 the defendant was sentenced to ninety-nine years imprisonment on one count and fifteen years imprisonment on the other count, to run concurrently-
The defendant challenges the revocation of her probation in case no. 82-4493 on the ground that her probation in that case had not begun at the time of the conduct found to constitute a violation of probation. We agree and reverse the order to the extent that it revokes probation in case no. 82-4493. To hold otherwise would allow consecutive terms of probation to be given concurrent effect. Thomas v. State, 434 So. 2d 20 (Fla. 2d DCA 1983). Further, we certify that our decision is in direct conflict with the decisions of our sister courts in State v. Stafford, 437 So. 2d 232 (Fla. 5th DCA 1983), Williamson v. State, 388 So. 2d 1345 (Fla. 3d DCA 1980), and Martin v. State, 243 So. 2d 189 (Fla. 4th DCA 1971).
REVERSED and REMANDED.
BOARDMAN, A.C.J., and GRIMES and DANAHY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cochran v. State, 468 So. 2d 248 (Fla. 2d DCA 1985)…DANAHY, Judge. On March 21, 1984, this court issued an opinion reversing in part the order revoking the defendant’s probation in four criminal eases against her. Cochran v. State, 446 So. 2d 1188 (Fla. 2d DCA 1984). The supreme court quashed that opinion and remanded the matter to this court. State v. Cochran, 455 So. 2d 387 (Fla.1984). On October 10, 1984, this court issued its mandate to the trial court affirming the judgment of the trial…
Authorities Cited
- Shadrick A. Martin, Jr. v. State, 243 So. 2d 189 (Fla. 4th DCA 1971)
- Williamson v. State, 388 So. 2d 1345 (Fla. 3d DCA 1980)
- Donnie Thomas v. State, 434 So. 2d 20 (Fla. 2d DCA 1983)
- State v. Vendul Oliver Stafford, 437 So. 2d 232 (Fla. 5th DCA 1983)