CHRISTIAN ARISTIDOU
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Christian Aristidou appealed a probation revocation order, arguing the trial court lacked jurisdiction to revoke probation on two counts because he had already served more than the five-year statutory maximum sentence when combined with incarceration and probation time. The court agreed and reversed the revocation as to those two counts while affirming the remainder.
The trial court lacked jurisdiction to revoke probation on the two challenged counts because the combined term of incarceration followed by probation cannot exceed the statutory maximum for the offense, and Aristidou had already served more than that maximum.
[1] A trial court lacks jurisdiction to revoke probation when the defendant has already served the statutory maximum period of incarceration, probation, or a combination ther…
[2] The combined term of incarceration and probation imposed by a trial court cannot exceed the statutory maximum for the offense.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“When a trial court imposes a sentence of incarceration followed by probation, the combined term cannot exceed the statutory maximum for the offense.”
Establishes the controlling legal principle that combined incarceration and probation sentences cannot exceed the statutory maximum.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAristidou was subject to probation in two cases comprising multiple counts. He was revoked on probation and challenged the revocation order as to two …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Third-Degree Felony Sentencing cases and more on FLexlaw
NORTHCUTT, Judge. Christian Aristidou appeals an order revoking his probation in two cases comprising multiple counts. On appeal, Aristidou
challenges the revocation order as to only two third-degree felonies. Aristidou argues that the trial court was without jurisdiction to revoke his probation on those counts because he had already served more than the five-year statutory maximum in jail, in prison, and on probation. The State concedes that Aristidou is correct, and we agree. See Borrego v. State, 98 So. 3d 225, 225 (Fla. 2d DCA 2012) ("When a trial court imposes a sentence of incarceration followed by probation, the combined term cannot exceed the statutory maximum for the offense." (citing Manning v. State, 961 So. 2d 1135, 1136 (Fla. 2d DCA 2007))); Tucker v. State, 873 So. 2d 1239, 1241 (Fla. 2d DCA 2004) (agreeing that because appellant had served more than the statutory maximum sentence on her offenses, "she was not legally on probation at the time it was revoked [so that] the trial court was without jurisdiction to revoke her probation and sentence her to prison"); Gonzales v. State, 816 So. 2d 720, 722 (Fla. 5th DCA 2002) ("If the combination of probation and prison term exceeds the statutory maximum and the maximum has been expended, the balance of the probation being invalid cannot be revoked and the defendant resentenced.").
Accordingly, we reverse the revocation of Aristidou's probation as to counts four and five in case no. 13-CF-015460. On remand the circuit court shall vacate the revocation order, enter an amended revocation order consistent with this opinion, and resentence Aristidou on the other charges based on a corrected scoresheet as necessary. We otherwise affirm. Affirmed in part, reversed in part, and remanded. SILBERMAN and LUCAS, JJ., Concur. Opinion subject to revision prior to official publication.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Gonzales v. State, 816 So. 2d 720 (Fla. 5th DCA 2002)
- Dunham v. Dunham, 873 So. 2d 1239 (Fla. 5th DCA 2004)
- Borrego v. State, 98 So. 3d 225 (Fla. 2d DCA 2012)