WARREN S. PEEPLES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Warren Peeples appeals the revocation of his probation, challenging a special condition prohibiting contact with his ex-wife as unrelated to his firearm possession convictions. The court affirmed the revocation, holding that when a defendant enters a global plea agreement to multiple charges including stalking, a probation condition may be upheld if it relates to any of the charges encompassed in the negotiated plea.
A special condition of probation that prohibits contact with a particular person is valid and may support revocation even if unrelated to some charges in a multi-count case, provided the defendant agreed to the condition as part of a global plea agreement encompassing all charges, including any to which the condition reasonably relates.
[1] A special condition of probation that prohibits contact with a specific individual is not rendered invalid solely because it does not directly relate to the crime charged…
[2] A defendant may agree to probation conditions that, while not directly related to a specific charge, are part of a negotiated plea agreement that resolves all outstanding…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Under these circumstances, the court may consider all of the charges and determine whether an agreed upon condition of probation has a relationship to any of the charges involved in the plea.”
Establishes that in a global plea agreement, a probation condition need only relate to one of the multiple charges, not necessarily to all of them.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePeeples pleaded guilty to two counts of possession of a firearm by a convicted felon and one count of misdemeanor stalking under a global plea agreeme…
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PER CURIAM.
We have for review an order of the trial court revoking the appellant’s probation. Appellant contends that the special condition of probation that he was found to have violated is invalid and, therefore, that reversal is required. We disagree.
Appellant pled guilty to two counts of possession of a firearm by a convicted felon and one count of misdemeanor stalking. He was sentenced to three years probation on the firearm possession counts and four months concurrent probation on the misdemeanor stalking count. A special condition of both probation terms required appellant to refrain from having any contact with his ex-wife. After the probation period for the misdemeanor stalking expired, but while the probation for the firearm possession counts remained, the trial court found appellant guilty of violating his probation by having contact with his ex-wife.
Relying upon the general rule that a special condition of probation is invalid if it does not reasonably relate to rehabilitation, see Biller v. State, 618 So. 2d 734 (Fla.1993), appellant argues that since the special condition of probation prohibiting contact with his ex-wife is unrelated to the firearm possession counts it must be stricken and cannot support a revocation of his probation. Appellant’s argument might be well taken were this not a circumstance where he pled guilty to both the stalking and firearm possession counts pursuant to a “global” plea and agreed to the special condition of probation. In the instant case, the record affirmatively establishes that appellant’s plea agreement was a “package deal” to multiple charges, one of which included stalking his ex-wife. Under these circumstances, the court may consider all of the charges and determine whether an agreed upon condition of probation has a relationship to any of the charges involved in the plea. This is so because many times a plea agreement is reached between the State and a defendant which encompasses all outstanding charges, and the give and take of the negotiation process transcends any single charge.
While it is true that a defendant may not agree to an illegal sentence and may even challenge on appeal a negotiated sentence which is illegal, see Cheney v. State, 640 So. 2d 103 (Fla. 4th DCA 1994), a judicially imposed condition of probation which simply prohibits a defendant from having contact with a particular person and is allegedly not related to the crime charged or to rehabilitation is not the type of condition which is fundamentally void. See, e.g., id (holding that a special condition of probation which provides for a term of imprisonment exceeding the statutory maximum is void); cf. Madrigal v. State, 545 So. 2d 392 (Fla. 3d DCA 1989)(holding that judicially imposed sentences, which deviate from statutory requirements but which are not void or beyond the court’s jurisdiction, will be upheld when agreed to by a defendant). We are aware of no authority which allows a defendant to challenge an agreed upon condition of probation on the basis that it allegedly does not reasonably relate to rehabilitation or the crime charged.
Accordingly, we affirm the sentencing order on appeal and hold that appellant was free to agree to the terms of the probation order in the instant case and obtain the benefit of the plea agreement which he voluntarily sought and obtained.
AFFIRMED.
DELL, GUNTHER and STEVENSON, JJ., concur.
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Cited By
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West v. State, 758 So. 2d 1232 (Fla. 4th DCA 2000)…tence, however, is the result of a negotiated plea with the State. And, while it is generally true that “a defendant may not agree to an illegal sentence and may even challenge on appeal a negotiated sentence which is illegal,” see Peeples v. State, 698 So. 2d 910, 912 (Fla. 4th DCA 1997), the supreme court has carved out an exception for double jeopardy claims. See Novaton v. State, 634 So. 2d 607, 609 (Fla.1994)(“The general rule is that a plea of guilty and subsequent adjudication of guilt precludes a late…
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Villanueva v. State, 118 So. 3d 999 (Fla. 3d DCA 2013)…tatutory scheme specifies certain mandatory probation conditions for those "placed under supervision for violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), ors. 847.0145.” § 948.30(1), Fla. Stat. (2011). . See, e.g., Peeples v. State, 698 So. 2d 910, 911 (Fla. 4th DCA 1997) (revoking probation of defendant convicted of stalking and firearm possession who violated condition that prohibited contacting victim); Jones v. State, 678 So. 2d 890, 893 (Fla. 4th DCA 1996) (revoking probation of defendan…
Authorities Cited
- Biller v. State, 618 So. 2d 734 (Fla. 1993)
- Domingo Antonio Madrigal v. State, 545 So. 2d 392 (Fla. 3d DCA 1989)
- Cheney v. State, 640 So. 2d 103 (Fla. 4th DCA 1994)