ROLLINS LEON DONALD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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.
The court affirmed the sentence for violation of community control but reversed the revocation and sentence for violation of probation due to a lack of formal charge. The court affirmed the denial of gain time credit without prejudice.
Appellant was sentenced to jail followed by community control. He later appealed his sentence for violating probation and community control. The trial…
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 Acceptance Of Benefits Doctrine cases and more on FLexlaw
PER CURIAM.
Appellant, Donald, appeals from his sentence for violation of probation and violation of community control. Appellant raises several issues on appeal: (1) Whether appellant’s original sentence of six months in jail to be followed by one-year community control exceeded the statutory guidelines, (2) whether the trial court erred in revoking appellant’s probation when no affidavit of violation of probation appears in the record, and (3) whether the trial court erred in failing to give appellant credit for time served on the original sentence.
As to issue I, appellant, having accepted the benefits of community control, is now precluded from challenging that sentence upon revocation. See Bashlor v. State, 586 So. 2d 488 (Fla. 1st DCA 1991). As to the second issue, we find that although a violation of community control was formally charged and the appellant properly brought before the court and advised of that charge, there was no formal charge of violation of probation before the court at the time the court announced that it was finding appellant in violation of probation and community control and revoking the probation and community control as to each count. We therefore must reverse the revocation and sentence for violation of probation. Wynn v. State, 591 So. 2d 964 (Fla. 2d DCA 1991).
As to the issue of gain time, appellant did not raise this issue in the trial court, and we are unable to ascertain whether gain time was properly calculated. We therefore affirm without prejudice to appellant raising this issue in a petition filed pursuant to rule 3.850, Florida Rules of Appellate Procedure.
ALLEN, WOLF and WEBSTER, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Baker v. State, 760 So. 2d 1115 (Fla. 4th DCA 2000)…t cannot revoke a defendant’s community control for conduct not charged by affidavit of violation and warrant. See Harris v. State, 525 So. 2d 449, 450 (Fla. 2d DCA 1988); Harris v. State, 495 So. 2d 243 (Fla. 2d DCA 1986). See also Donald v. State, 611 So. 2d 1322 (Fla. 1st DCA 1993) (reversing a revocation of probation where there was no formal charge of violation before the court at the time the court announced the revocation). Because the affidavit and warrant appearing in the record do not charge the subs…
-
Johnson v. State, 712 So. 2d 1134 (Fla. 1st DCA 1998)…rge. Thus, we must reverse the revocation of probation and sentence imposed in circuit court case no. 91-1785 and remand with orders to reinstate appellant’s 10-year probation, which is to run consecutive to any other sentence. See Donald v. State, 611 So. 2d 1322 (Fla. 1st DCA 1993). Nothing in this opinion shall be construed as preventing the State from filing VOP charges against appellant, as was apparently its intent. MINER, KAHN and WEBSTER, JJ., concur.…
Authorities Cited
- Bashlor v. State, 586 So. 2d 488 (Fla. 1st DCA 1991)
- Wynn v. State, 591 So. 2d 964 (Fla. 2d DCA 1991)