CHARLES I. RASIK, 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.
Charles Rasik appealed a probation condition allowing him to perform 50 hours of community service in lieu of costs of supervision. The court reversed, holding that the trial court lacked authority to impose such a condition, and remanded for entry of an amended order striking that provision.
The trial court lacked authority to impose a condition allowing community service in lieu of costs of supervision, making that portion of the sentence illegal. A defendant does not waive the right to contest an illegal sentence merely by entering into a negotiated plea.
Rasik entered into a negotiated plea agreement that included a probation sentence with a condition allowing him to perform 50 hours of community servi…
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 Negotiated Plea Agreement cases and more on FLexlaw
PER CURIAM.
We reverse that portion of the order of probation providing that appellant may perform 50 hours of community service in lieu of costs of supervision. Royster v. State, 657 So. 2d 36 (Fla. 4th DCA 1995). Because the trial court was without the authority to impose such a condition, that portion of the sentence was illegal. Id. Appellant did not waive his right to contest this issue on appeal by entering into a negotiated plea, since a defendant cannot acquiesce in an illegal sentence. Cheney v. State, 640 So. 2d 103 (Fla. 4th DCA 1994); Purvis v. Lindsey, 587 So. 2d 638 (Fla. 4th DCA 1991). We have jurisdiction of this appeal under section 924.06(l)(d), Florida Statutes (1995). See Fla. R.App. P. 9.140(b)(1)(D); Robinson v. State, 373 So. 2d 898, 902 (Fla.1979).
The record indicates that the performance of this community service was not a condition precedent to the acceptance of the plea, but was in lieu of costs of supervision. We reverse and remand to the trial court for the entry of an amended order striking that portion of the order of probation that allows the defendant to perform 50 hours of community service in lieu of costs of supervision.
KLEIN, SHAHOOD and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
- Robinson v. State, 373 So. 2d 898 (Fla. 1979)
- Cheney v. State, 640 So. 2d 103 (Fla. 4th DCA 1994)
- Purvis v. The Honorable Hubert R. Lindsey, 587 So. 2d 638 (Fla. 4th DCA 1991)
- Royster v. State, 657 So. 2d 36 (Fla. 4th DCA 1995)
- Carey Core v. State, 657 So. 2d 36 (Fla. 4th DCA 1995)