ROY PHANEUF, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court vacated Phaneuf's sentence and remanded for resentencing because the trial court improperly converted monetary conditions to community service hours when probation was imposed.
When probation is imposed as part of a sentence, monetary conditions may not be converted to community service hours.
[1] When probation is imposed as a portion of a sentence, monetary conditions may not be converted to community service hours under section 27.3455, which was amended in 1986…
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Join FLexlaw to unlock all legal intelligenceRoy Phaneuf received a sentence that included probation with a monetary condition that the trial court converted to community service hours.…
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PER CURIAM.
We vacate the sentence imposed upon Roy Phaneuf and remand for resentencing. Thompson v. State, 638 So. 2d 116 (Fla. 5th DCA), rev. granted, State v. Blackwell, 649 So. 2d 234 (Fla.1994) (Table).
If probation is imposed as a portion of the sentence, monetary conditions may not be converted to community service hours. See Price v. State, 620 So. 2d 1105 (Fla. 4th DCA 1993) (trial court erred in ordering defendant to perform community service in lieu of payment of costs; section 27.3455 authorizing community service in lieu of payment of costs was amended in 1986 to eliminate this alternative); Parks v. State, 595 So. 2d 1056 (Fla. 4th DCA 1992) (same); Bush v. State, 579 So. 2d 362 (Fla. 4th DCA 1991) (same); Sims v. State, 520 So. 2d 675 (Fla. 5th DCA 1988) (same); Hansley v. State, 514 So. 2d 1135 (Fla. 5th DCA 1987) (same); Rowe v. State, 558 So. 2d 174 (Fla. 5th DCA 1990) (state concedes court without authority to impose community service in lieu of costs under section 27.3455); State v. Muoio, 438 So. 2d 160 (Fla. 2d DCA 1983) (trial judge may not impose community service in lieu of mandatory fine imposed by section 316.193; all statutory references to community service work indicate such service be considered as extra sanction or additional condition of probation).
REVERSED AND REMANDED.
HARRIS, C.J., PETERSON and GRIFFIN, JJ., concur.
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State v. Phaneuf, 665 So. 2d 1057 (Fla. 1996)…SHAW, Justice. We have for review Phaneuf v. State, 655 So. 2d 1300 (Fla. 5th DCA 1995), based on conflict with State v. Blackwell, 661 So. 2d 282 (Fla.1995). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We quash Phaneuf and remand for proceedings consistent with Blackwell. It is so ordered. GRIMES, C.J…
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Burgess v. State, 683 So. 2d 1099 (Fla. 2d DCA 1996)…. The State argues on appeal that the trial court erred in converting mandatory costs to community service. “If probation is imposed as a portion of the sentence, monetary conditions may not be converted to community service hours.” Phaneufv. State, 655 So. 2d 1300, 1301 (Fla. 5th DCA 1995); quashed on other grounds, 665 So. 2d 1057 (Fla.1996). Therefore, we reverse the trial court’s order that converted mandatory costs to community service. The case poses a double jeopardy problem if Burgess has completed a…
Authorities Cited
- Thompson v. State, 638 So. 2d 116 (Fla. 5th DCA 1994)
- Rowe v. State, 558 So. 2d 174 (Fla. 5th DCA 1990)
- State v. Muoio, 438 So. 2d 160 (Fla. 2d DCA 1983)
- Broomfield v. State, 514 So. 2d 1135 (Fla. 5th DCA 1987)
- Magalene Price v. State, 620 So. 2d 1105 (Fla. 4th DCA 1993)
- Bush v. State, 579 So. 2d 362 (Fla. 4th DCA 1991)
- Christa Wood Sims v. State, 520 So. 2d 675 (Fla. 5th DCA 1988)
- Robinson v. State, 520 So. 2d 675 (Fla. 1st DCA 1988)
- Parks v. State, 595 So. 2d 1056 (Fla. 4th DCA 1992)
- Lasley v. Palm Beach Cnty., 595 So. 2d 1056 (Fla. 4th DCA 1992)