PABLO GOTAY VALDES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
By this appeal the appellant seeks review of an order revoking his probation and entering sentence. We find no error in the probation revocation. Cuciak v. State, 410 So. 2d 916 (Fla.1982); State v. Overton, 464 So. 2d 607 (Fla. 3d DCA 1985); Brady v. State, 457 So. 2d 544 (Fla. 2d DCA 1984); Atkinson v. State, 456 So. 2d 568 (Fla. 5th DCA 1984); Green v. State, 455 So. 2d 586 (Fla. 2d DCA 1984); Kirk v. State, 400 So. 2d 540 (Fla. 3d DCA 1981). In the sentence, the trial court included therein the statement:
“The defendant having elected to be sentenced pursuant to RCrP 3.701 Sentencing Guidelines, shall not be eligible for parole or gaine (sic) time.”
The trial court statement as to parole is surplusage. There is no right to parole when you are sentenced under the sentencing guidelines of 1983. See Section 921.-001(8), Florida Statutes (1983). The trial court is without the authority to prevent gain time. Depson v. State, 363 So. 2d 43 (Fla. 1st DCA 1978); Curry v. Wainwright, 422 So. 2d 1029 (Fla. 1st DCA 1982). Therefore we modify the sentence by striking all reference to parole and gain time.
Affirmed as modified.
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Prangler v. State, 470 So. 2d 105 (Fla. 2d DCA 1985)…for good conduct in county jail is a function of the county commissioners. § 951.21, Fla.Stat. (1983). See also Curry v. Wainwright, 422 So. 2d 1029 (Fla. 1st DCA 1982). Thus, a trial court has no authority to prevent gain time. See Valdes v. State, 469 So. 2d 868 (Fla. 3d DCA 1985). Consequently, any waiver of gain time by the defendant was ineffective and the portion of the trial court order referring to gain time was surplusage. Accordingly, we modify defendant’s sentence by striking reference to his wai…
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Shupe v. State, 516 So. 2d 73 (Fla. 5th DCA 1987)…ward of gain time, pursuant to section 944.275, Florida Statutes, is solely within the province of the Department of Corrections.1 Causey v. State, 504 So. 2d 34 (Fla. 1st DCA 1987); Hall v. State, 493 So. 2d 93 (Fla. 2d DCA 1986); Valdes v. State, 469 So. 2d 868 (Fla. 3d DCA 1985). AFFIRMED in part; REVERSED in part. DAUKSCH and ORFINGER, JJ., concur. . Prior to October 1,1986, section 27.3455, Florida Statutes, provided that court costs imposed would have to be paid in full prior to the granting of…
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Easton v. State, 472 So. 2d 1369 (Fla. 3d DCA 1985)…specific statutory provision that, when the Department releases a prisoner on account of earned gain time, he is no longer even on parole for the remainder of the original sentence. Section 944.291, Florida Statutes (1983). See also Valdes v. State, 469 So. 2d 868 (Fla. 3d DCA 1985), and cases cited (sentence condition precluding gain time improper). Since the defendant’s remaining points present no error, see Spinkellink v. State, 313 So. 2d 666 (Fla.1975); Damon v. State, 397 So. 2d 1224, 1225 n.3 (Fla. 3d…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cuciak v. State, 410 So. 2d 916 (Fla. 1982)
- Green v. State, 455 So. 2d 586 (Fla. 2d DCA 1984)
- Brady v. State, 457 So. 2d 544 (Fla. 2d DCA 1984)
- Depson v. State, 363 So. 2d 43 (Fla. 1st DCA 1978)
- Curry v. Louie L. Wainwright, 422 So. 2d 1029 (Fla. 1st DCA 1982)
- Kirk v. State, 400 So. 2d 540 (Fla. 3d DCA 1981)
- Atkinson v. State, 456 So. 2d 568 (Fla. 5th DCA 1984)
- State v. Overton, 464 So. 2d 607 (Fla. 3d DCA 1985)