SYLVESTER DUBOSE, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Kolovrat v. State, 574 So. 2d 294 (Fla. 5th DCA 1991)
  …um probation that can be legally imposed for a third degree felony is five years. By reimposing probation for three years following the revocation, the court improperly placed defendant on probation for a total of over six years. Blackburn v. State, 468 So. 2d 517 (Fla. 1st DCA 1985); Watts v. State, 328 So. 2d 223 (Fla. 2d DCA 1976). The trial court, in reimposing probation on February 7, 1990 for three years, indicated that defendant had not been under “a constructive period of supervision” since the preced…
• Ogden v. State, 605 So. 2d 155 (Fla. 5th DCA 1992)
  …endant’s probation was revoked, with defendant again being placed on probation for an additional three years. We held in Kolovrat that the period of probation could not be extended beyond five years, the statutory maximum. Accord Blackburn v. State, 468 So. 2d 517 (Fla. 1st DCA 1985); Watts v. State, 328 So. 2d 223 (Fla. 2d DCA 1976). Otherwise, probation and likewise community control could be extended by a court ad infinitum beyond the statutory maximum incarceration each time probation or community control…
• Moore v. State, 623 So. 2d 795 (Fla. 1st DCA 1993)
  …st DCA 1991). The third issue concerns the imposition of a new five-year period of probation. A trial court is without authority to extend a period of probation beyond the maximum permissible sentence for the underlying offense. Blackburn v. State, 468 So. 2d 517, 518 (Fla. 1st DCA 1985); Duchesne v. State, 616 So. 2d 172 (Fla.2d DCA 1993); Teasley v. State, 610 So. 2d 26, 27 (Fla. 2d DCA 1992), review denied, 618 So. 2d 1370 (Fla.1993); Carter v. State, 606 So. 2d 680 (Fla. 2d DCA 1992); Ogden v. State, 605…

Authorities Cited

• Jackson v. State, 454 So. 2d 691 (Fla. 1st DCA 1984)
• Randolph v. State, 458 So. 2d 64 (Fla. 1st DCA 1984)