EDWARD D. JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Trial court lacked jurisdiction to add a probationary term to a sentence three days after imposing the original sentence, as Rule 3.800(c) does not authorize increasing the original sentence.
A trial court lacks jurisdiction under Florida Rule of Criminal Procedure 3.800(c) to add a probationary term to a sentence after the original sentence has been imposed.
[1] A trial court lacks jurisdiction under Florida Rule of Criminal Procedure 3.800(c) to increase a sentence by adding probationary terms after the original sentence has bee…
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Join FLexlaw to unlock all legal intelligence“rule 3.800(c) does not authorize the trial court to 'increase the original sentence.'”
Court explaining the limitations of Rule 3.800(c) in modifying sentences
Jones admitted to violating his probation and received a sentence of five and a half years' imprisonment. Three days later, after the State filed a mo…
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PARKER, Judge.
Edward D. Jones appeals the trial court’s order adding a term of probation to his sentence following a motion for rehearing. Because the trial court’s order increased the original sentence, we conclude that the trial court erred and remand this case to the trial court to strike the probationary term.
At a sentencing hearing, Jones admitted to violating his probation in exchange for a sentence of five and a half years’ imprisonment. Three days later, after the State filed a motion for rehearing, the trial court added one year of probation to Jones’ sentence. Florida Rule of Criminal Procedure 3.800(c) provides for modification of a legal sentence “to include any of the provisions of chapter 948, Florida Statutes,” which deals with probation and community control. However, rule 3.800(c) does not authorize the trial court to “increase the original sentence.” Committee Notes to 1980 Amendment of Rule 3.800. Therefore, the trial court did not have jurisdiction to add a probationary term three days after imposing the original sentence. See Dailey v. State, 575 Solid 237, 238 (Fla. 2d DCA 1991); Sterling v. State, 682 So. 2d 694, 695 (Fla. 5th DCA 1996).
We remand this case to the trial court with directions to strike the probationary term.
CAMPBELL, A.C.J., and STRINGER, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Walford Folkes, 190 So. 3d 118 (Fla. 4th DCA 2015)…on to modify conditions of probation after expiration of sixty-day period in rule 3.800(c), which allows court to “.reduce or modify to include any of the provisions of chapter 948, Florida Statutes, a legal sentence imposed by it”); Jones v. State, 760 So. 2d 994 (Fla. 2d DCA 2000) (holding rule 3.800(c) does not authorize trial court to increase the sentence). Accordingly,- the instant appeal is dismissed. Dismissed. GERBER and CONNER, JJ., concur. . We recognize that, in other contexts, "probation is c…
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Pate v. State, 908 So. 2d 613 (Fla. 2d DCA 2005)…, 626 So. 2d 1364, 1365, 1366 (Fla.1993); Maybin, 884 So. 2d at 1175; Kitchen v. State, 644 So. 2d 150 (Fla. 1st DCA 1994). Florida Rule of Criminal Procedure 3.800 and double jeopardy principles do not allow for a sentence increase. Jones v. State, 760 So. 2d 994 (Fla. 2d DCA 2000); Holmes v. State, 711 So. 2d 565, 567 (Fla. 2d DCA 1997); Rodriguez v. State, 899 So. 2d 471, 473 (Fla. 3d DCA 2005); Johnson v. State, 881 So. 2d 706, 707 (Fla. 3d DCA 2004); Sterling v. State, 682 So. 2d 694, 695 (Fla. 5th DCA 1…
Authorities Cited
- Sterling v. State, 682 So. 2d 694 (Fla. 5th DCA 1996)