JERRY LEE CAUSEY, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed Causey's conviction for attempted sexual battery on a child but modified the sentence to remove an invalid provision directing automatic revocation of gain-time for failure to complete community service, as such power belongs exclusively to the Department of Corrections.
A circuit court lacks authority to direct summary revocation of gain-time as part of its sentence; such power is the exclusive province of the Department of Corrections.
[1] A circuit court lacks authority to direct summary revocation of gain-time as a condition of sentence; such power is exclusively vested in the Department of Corrections an…
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Join FLexlaw to unlock all legal intelligenceCausey pleaded nolo contendere to attempted sexual battery upon a child 11 years or younger and was sentenced to seven years incarceration followed by…
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PER CURIAM.
Causey appeals his judgment and sentence for the offense of attempted sexual battery upon a child 11 years or younger. The assistant public defender filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967) stating that no good faith argument could be made that reversible error occured. Our review of the record, however, has revealed an issue which must be addressed. Pursuant to his plea of nolo contendere Causey was sentenced to seven years incarceration to be followed by five years probation. In a separate order filed as part of the sentence Causey was directed to undertake a period of community service in lieu of payment of certain court costs. The order added that Causey’s failure to perform the community service within the first six months of his release from incarceration “shall result in the revocation of defendant’s gain-time and completion of the balance of the original sentence.”
The circuit court has no authority to direct such a summary revocation of gain-time as part of its sentence. Valdes v. State, 469 So. 2d 868 (Fla. 3d DCA 1985); Bretti v. Wainwright, 360 So. 2d 1299 (Fla. 1st DCA 1982); Depson v. State, 363 So. 2d 43 (Fla. 1st DCA 1978). Such power is the exclusive province of the Department of Corrections, and even its power ceases upon the prisoner’s release from incarceration. §§ 944.275, .28 and .291, Fla.Stat. Therefore, the order is modified to delete the sentence referring to a possible revocation of gain-time. As modified, the judgment and sentence are AFFIRMED.
BOOTH, C.J., and MILLS and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Calhoun v. State, 522 So. 2d 509 (Fla. 1st DCA 1988)…Florida Statutes. See Lanier v. State, 604 So. 2d 501 (Fla. 1st DCA 1987); Massey v. State, 389 So. 2d 712 (Fla. 2d DCA 1980). Next, the quoted provision in the trial court’s order imposing community service is invalid. As held in Causey v. State, 504 So. 2d 34 (Fla. 1st DCA 1987), the circuit court has no authority to order the summary revocation of gain time as part of a sentence, because “[s]uch power is the exclusive province of the Department of Corrections, and even its power ceases upon the prisoner…
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Green v. State, 539 So. 2d 484 (Fla. 1st DCA 1988)…e the circuit court no authority to declare a forfeiture. This can be done, if at all, by the DOC; and even the DOC’s power ceases upon a defendant’s release from incarceration. Shupe v. State, 516 So. 2d 73 (Fla. 5th DCA 1987); and Causey v. State, 504 So. 2d 34 (Fla. 1st DCA 1987). In Franklin v. State, 526 So. 2d 159, 163-4 (Fla. 5th DCA 1988) the court held that a defendant may be sentenced to a term of incarceration to be followed by a period of probation; and if the probation is violated after the ter…
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Shupe v. State, 516 So. 2d 73 (Fla. 5th DCA 1987)…aid. It is well settled that a trial court is without authority to prevent gain time and that the award 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, Flori…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Depson v. State, 363 So. 2d 43 (Fla. 1st DCA 1978)
- Valdes v. State, 469 So. 2d 868 (Fla. 3d DCA 1985)
- Bretti v. Louie L. Wainwright, 360 So. 2d 1299 (Fla. 1st DCA 1978)