LORENZO ROYSTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a revocation of community control cannot be based on an invalid condition, and if the invalid condition is the sole basis, the matter must be remanded.
[1] A condition of community control that permits the performance of community service hours in lieu of paying costs of supervision is invalid.
[2] A revocation of community control based in part on an invalid condition must be reversed and remanded for reconsideration if it cannot be determined whether the remaining…
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Join FLexlaw to unlock all legal intelligenceDefendant's community control was revoked in three cases based on multiple alleged violations, including failing to submit logs, perform community ser…
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PARIENTE, Judge.
Defendant appeals from prison sentences imposed in three separate eases following the revocation of community control. We reverse because one of the violations underlying the revocation was based on an invalid condition of community control.
Defendant, while on community control in three separate cases, was charged with violating his conditions of community control by failing to: (1) submit a daily log for two weeks; (2) perform community service hours in lieu of paying costs of supervision; and (3) file monthly reports from June 1995 through March 1996. Following a consolidated hearing, the trial court revoked defendant’s community control and sentenced him to concurrent prison terms of five years in the first case, eight years in the second, and eight years as a habitual offender in the third.
The state concedes that the condition permitting defendant to perform community service hours in lieu of paying costs of supervision has been held to be invalid, see Royster v. State, 657 So. 2d 36 (Fla. 4th DCA 1995), and thus could not serve as an appropriate basis for community control revocation. Be cause we are unable to determine from the record whether the trial court would have revoked defendant’s community control and imposed the same sentences based on the two remaining violations, we reverse and remand to the trial eourt for reconsideration of its decision to revoke community control. See Brown v. State, 659 So. 2d 1260 (Fla. 4th DCA 1995); Voudry v. State, 641 So. 2d 466 (Fla. 4th DCA 1994); Vezina v. State, 644 So. 2d 602 (Fla. 1st DCA 1994); cf. Kiess v. State, 642 So. 2d 1141 (Fla. 4th DCA 1994).
Should the trial court decide on remand to revoke defendant’s community control based on the two remaining violations, the trial court may reimpose the same sentences or exercise its discretion to impose reduced sentences. See Vezina, 644 So. 2d at 604. Any order revoking community control shall be reduced to writing. See Watts v. State, 688 So. 2d 1018 (Fla. 4th DCA 1997), and cases cited therein.
STONE and SHAHOOD, JJ., concur.
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Smith v. State, 705 So. 2d 1033 (Fla. 3d DCA 1998)…790 (Fla. 2d DCA 1993); Jones v. State, 611 So. 2d 26 (Fla. 1st DCA 1992). We, therefore, vacate Smith’s sentence. On remand, the trial court may impose the same sentence or exercise its discretion to impose a reduced sentence. See Royster v. State, 691 So. 2d 1196 (Fla. 4th DCA 1997); Vezina v. State, 644 So. 2d 602 (Fla. 1st DCA 1994). Accordingly, we affirm the order in part, reverse in part, and vacate the sentence. We remand the cause for correction of the revocation order and reconsideration of the sen…
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Collins v. State, 697 So. 2d 1305 (Fla. 4th DCA 1997)…record that the trial court would have revoked defendant’s probation and imposed the same sentences based on the burglary, sexual battery and loitering violations alone. See Kiess v. State, 642 So. 2d 1141 (Fla. 4th DCA 1994); cf. Royster v. State, 691 So. 2d 1196 (Fla. 4th DCA 1997), and cases cited therein. There was also substantial, competent evidence to support violations arising from the burglary, sexual battery and loitering, which unquestionably constitute violations substantial enough to warrant revo…
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Llumbet v. State, 698 So. 2d 381 (Fla. 4th DCA 1997)…ntrol, nor did he perform one hour of community service. The evidence demonstrates that Llumbet was instructed and was aware of the required payment procedures and amount, and that he was employed and had the ability to pay. Unlike Royster v. State, 691 So. 2d 1196 (Fla. 4th DCA 1997), where community control was wrongfully revoked for the defendant’s failure to perform community service in lieu of paying costs of supervision, Llumbet was in violation for willfully refusing to pay the costs when he had the abi…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Watts v. State, 688 So. 2d 1018 (Fla. 4th DCA 1997)
- Kiess v. State, 642 So. 2d 1141 (Fla. 4th DCA 1994)
- Brown v. State, 659 So. 2d 1260 (Fla. 4th DCA 1995)
- Ware v. Walt Disney World Co. & Fla. Unemployment Appeals Comm'n, 644 So. 2d 602 (Fla. 2d DCA 1994)
- Vezina v. State, 644 So. 2d 602 (Fla. 1st DCA 1994)
- Royster v. State, 657 So. 2d 36 (Fla. 4th DCA 1995)
- Carey Core v. State, 657 So. 2d 36 (Fla. 4th DCA 1995)
- Amaya v. State, 641 So. 2d 466 (Fla. 4th DCA 1994)
- Voudry v. State, 641 So. 2d 466 (Fla. 4th DCA 1994)