EDDIE J. LASTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A trial court lacks jurisdiction to revoke probation after it has ended, rendering any sentence imposed for such violation illegal.
[1] A trial court lacks jurisdiction to revoke probation after the probation has ended.
[2] A sentence imposed without jurisdiction is illegal and may be challenged in a postconviction motion.
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Join FLexlaw to unlock all legal intelligenceEddie Laster appealed the denial of his motion for postconviction relief, alleging his sentence was illegal because it was based on a violation of pro…
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WHATLEY, Acting Chief Judge.
Eddie J. Laster appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In his motion, Last-er alleged that his sentence was illegal and that his plea was involuntary due to ineffective assistance of counsel. We reverse.
Laster entered a plea to two new charges and to multiple violations of probation, including one robbery charge. In his postconviction motion, he alleged that originally he was sentenced to seven years in prison followed by probation for the robbery charge, but eighteen days later, the sentence was corrected to remove the probation for the robbery charge. Laster attached a copy of sentencing documents to support his claim.
If Laster, indeed, did not receive any probation for the robbery charge, the trial court was without jurisdiction to sentence him for violation of probation on that charge. See Slingbaum v. State, 751 So. 2d 89, 89 (Fla. 2d DCA 1999) (holding that a trial court i§ without jurisdiction to revoke probation once the probation has ended). When a trial court imposes a sentence without having jurisdiction, the sentence is illegal, regardless of the length, and may be challenged in a postconviction motion. Id. If Laster’s claim is true, his eight-year sentence for violation of probation on the robbery charge is illegal.
We reverse and remand for further proceedings. If the trial court again denies Laster’s claim, it must attach documents that conclusively refute it. Alternatively, if the trial court cannot conclusively refute the claim, the trial court must vacate the eight-year sentence for violation of probation on the robbery charge. Because this sentence appears to be the result of a negotiated plea, the State must be given the option of allowing the remainder of the sentences to stand, or Laster must be allowed to withdraw his plea. See Sidell v. State, 787 So. 2d 139, 141 (Fla. 2d DCA 2001).
Reversed and remanded.
CASANUEVA and STRINGER, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sepulveda v. State, 909 So. 2d 568 (Fla. 2d DCA 2005)…diction to sentence him for a violation of probation, rule 3.850(a)(3), and (2) ineffective assistance of counsel for not moving to dismiss the charges and allowing Sepulve-da to plead to charges for which there was no jurisdiction, Laster v. State, 805 So. 2d 909 (Fla. 2d DCA 2001). The viability of the allegations in the various affidavits of violation of probation is dependent on the existence of a warrant issued by the court before the expiration of Sepulveda’s probation as well as whether any particular…
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Solomon N. Fisher v. State, 859 So. 2d 558 (Fla. 1st DCA 2003)…e of Criminal Procedure 3.131(b)(1)(C). As such, revocation of Fisher’s bond would have been the appropriate sanction. The trial court had no jurisdiction to conduct a violation of community control hearing and impose sanctions. Cf. Laster v. State, 805 So. 2d 909 (Fla. 2d DCA 2001) (holding that the trial court could not sentence defendant for probation violation if defendant never received probation); Otero v. State, 793 So. 2d 1115, 1115 (Fla. 4th DCA 2001) (holding that the trial court did not have jurisd…
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State v. Janes, 351 So. 3d 646 (Fla. 5th DCA 2022)…e on one count of an information, does not have the authority to modify legal sentences that have been rendered on the other counts.”). When a court is without jurisdiction to impose a sentence, the imposed sentence is illegal. Laster v. State, 805 So. 2d 909, 910 (Fla. 2d DCA 2001). Conclusion The postconviction court lacked authority to restructure the original, legal sentences imposed on Counts 2, 3, 4, 5, and 9. Accordingly, we ---PAGE 7--- reverse and remand for the postconviction court to re…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sidell v. State, 787 So. 2d 139 (Fla. 2d DCA 2001)
- Slingbaum v. State, 751 So. 2d 89 (Fla. 2d DCA 1999)