JAMES TARPLEY, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Erick Richardson v. State, 884 So. 2d 950 (Fla. 4th DCA 2003)
  …veral cases seem to implicitly recognize this conclusion. See Ford v. State, 814 So. 2d 1121 (Fla. 4th DCA 2002); see also Edison v. State, 848 So. 2d 498 (Fla. 2d DCA 2003); May v. State, 713 So. 2d 1087 (Fla. 2d DCA 1998). But see Render v. State, 742 So. 2d 503 (Fla. 3d DCA 1999). We acknowledge that revocation of probation requires adjudication of guilt. See § 948.06(1), Fla. Stat. (2002). This does not render subsection two meaningless or compel the reading-the State suggests. If, for example, a person…
• State v. DEL Castillo, 890 So. 2d 376 (Fla. 3d DCA 2004)
  …the statute must be construed in the manner most favorable to the accused.” Id. Accordingly, the Court held that a crime for which the defendant receives probation may be considered for habitual offender enhancement. This Court, in Render v. State, 742 So. 2d 503 (Fla. 3d DCA 1999), previously considered whether a prior grand theft conviction where the defendant was placed on probation and completed the probationary period at the time he committed the subsequent offense, could be considered for section 775.0…
• Turner v. State, 891 So. 2d 1215 (Fla. 3d DCA 2005)
  …. Affirmed. See McCall v. State, 862 So. 2d 807, 808 (Fla. 2d DCA 2004) (under the habitual felony offender statute, “a sentence includes the sanction of probation”) (appeal docketed for review in Florida Supreme Court, SC04-136); Render v. State, 742 So. 2d 503 (Fla. 3d DCA 1999) (probation is a “sentence” for habitualization purposes). We also certify conflict with Richardson v. State, 884 So. 2d 950 (Fla. 4th DCA 2004) (holding that probation is not a sentence) (appeal docketed for review in Florida Su…

Authorities Cited

• Thompson v. State, 708 So. 2d 315 (Fla. 2d DCA 1998)
• Caison v. State, 695 So. 2d 872 (Fla. 3d DCA 1997)