RANDAL F. DUCHESNE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that special conditions of probation must be announced orally and that the total probation term cannot exceed the statutory maximum.
The defendant's probation was revoked, and the trial court reimposed conditions without oral announcement and imposed a total probation term exceeding…
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BLUE, Judge.
We affirm the sentence of Randal F. Duchesne (Duchesne) imposed after the revocation of his probation with the following exceptions.
First, a review of the record reveals the trial court reimposed conditions of probation without announcing them orally in court as required. Olvey v. State, 609 So. 2d 640 (Fla.2d DCA 1992). Therefore, the special conditions of probation numbers (11) through (25) listed in the original order docketed on May 3, 1989 must be stricken as invalid. Tillman v. State, 592 So. 2d 767 (Fla. 2d DCA 1992).
Second, the trial court imposed a term of probation which exceeds the statutory maximum. Duchesne had served two years, seven and one half months of probation imposed during his original sentencing. Upon revocation, the trial court imposed an additional three years of probation. When combined, these probationary sentences exceed the five year statutory maximum. See Servis v. State, 588 So. 2d 290 (Fla.2d DCA 1991). We remand for the trial court to determine and strike from Duchesne’s extended probationary period any amount of probation in excess of the statutory maximum. Remanded for resentencing in accordance with this opinion. Otherwise affirmed.
FRANK, A.C.J., and PATTERSON, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Moore v. State, 623 So. 2d 795 (Fla. 1st DCA 1993)…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 So. 2d 155, 158 (Fla. 5th DCA 1992). In Ogden, the court ex…
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Solomon Jackson v. State, 654 So. 2d 234 (Fla. 4th DCA 1995)…ial court judge stated that the sentence imposed in May 1993 was “a correctable sentence and I can vacate any portion of that sentence that exceeded the maximum sentence of five years in this case, and I’m basing this decision on [Duchesne v. State, 616 So. 2d 172 (Fla. 2d DCA 1993) ].” The trial court also stated that it would amend the objectionable special condition to state that appellant shall not use intoxicants “to excess.” The trial court accepted appellant’s plea of guilty to the violation of communi…
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Summers v. State, 625 So. 2d 876 (Fla. 2d DCA 1993)…th v. State, 463 So. 2d 494 (Fla. 2d DCA 1985). These two cases can be reconciled. I agree, however, that there is a conflict between Smith and those eases of our court which follow Servis without even discussing Smith. See, e.g., Duchesne v. State, 616 So. 2d 172 (Fla. 2d DCA 1993); Carter v. State, 606 So. 2d 680 [*881] (Fla. 2d DCA 1992); Davis v. State, 604 So. 2d 844 (Fla. 2d DCA 1992); Pla v. State, 602 So. 2d 692 (Fla. 2d DCA 1992). In view of the position taken by the majority, I would also attempt t…
Authorities Cited
- Tillman v. State, 592 So. 2d 767 (Fla. 2d DCA 1992)
- Porter v. State, 609 So. 2d 640 (Fla. 1st DCA 1992)
- Olvey v. State, 609 So. 2d 640 (Fla. 2d DCA 1992)
- Servis v. State, 588 So. 2d 290 (Fla. 2d DCA 1991)