JAMES SWEDISH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
James Swedish appeals the final judgment and sentence that the trial court imposed after a jury found him guilty of one count of committing a lewd and lascivious act in the presence of a child under the age of sixteen. We affirm the judgment; however, we conclude that the trial court erred by imposing a special condition of probation which attempts to prevent the Department of Corrections (DOC) from exercising its authority to recommend early termination of Swedish’s probation. See Baker v. State, 619 So. 2d 411, 411 (Fla. 2d DCA 1993). Therefore, we strike that special condition and direct the trial court, upon remand, to correct the judgment so that the DOC is made aware that the special condition no longer exists.
Affirmed and remanded with directions to the trial court.
PARKER, C.J., and SALCINES, J., and DANAHY, PAUL W. Senior Judge, Concur.
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Murphy v. State, 976 So. 2d 1242 (Fla. 2d DCA 2008)…trial court may not impose a special condition of probation that purports to divest the Department of Corrections (DOC) of its authority to recommend early termination of Mr. Murphy’s probation.1 See § 948.04(3), Fla. Stat. (2005); Swedish v. State, 724 So. 2d 640, 640 (Fla. 2d DCA 1999); Baker v. State, 619 So. 2d 411, 412 (Fla. 2d DCA 1993). Additionally, the trial court may not prevent the circuit court from exercising its discretion to discharge Mr. Murphy in the future. See § 948.05, Fla. Stat. (1991); B…
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State v. LaFAVE, 113 So. 3d 31 (Fla. 2d DCA 2012)…ermination pursuant to section 948.04(3) and such provisions prevent future courts from exercising discretion to discharge defendants pursuant to section 948.05. See, e.g., Murphy v. State, 976 So. 2d 1242, 1243 (Fla. 2d DCA 2008); Swedish v. State, 724 So. 2d 640, 640 (Fla. 2d DCA 1999); Jones v. State, 666 So. 2d 191, 192 (Fla. 2d DCA 1995); Baker v. State, 619 So. 2d 411, 412 (Fla. 2d DCA 1993); see also Arriaga v. State, 666 So. 2d 949, 950 (Fla. 4th DCA 1996). However, a crucial distinguishing factor in…
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Michael v. State, 727 So. 2d 996 (Fla. 2d DCA 1999)…rror for a trial court to assess additional sentencing points for possessing a firearm where the sole underlying crime is carrying a concealed firearm or possession of a firearm by a convicted felon. The State concedes error. See Patterson v. State, 724 So. 2d 640 (Fla. 2d DCA 1999). Reversed and remanded for resentencing. FULMER, A.C.J., and CASANUEVA, J., Concur.…
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- Henderson v. Henderson, 619 So. 2d 411 (Fla. 4th DCA 1993)
- Emmett William Baker v. State, 619 So. 2d 411 (Fla. 2d DCA 1993)