MARCUS HARRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Marcus Harris appealed his probation violation finding, arguing that the amended affidavit alleging violations was barred by ex post facto protections because it relied on a 2001 statutory amendment applied to his 1999 offenses. The court reversed, holding that applying the amended statute to pre-amendment offenses violates ex post facto protections under Frye v. State.
The court reversed the probation violation finding because applying the 2001 amendment to section 948.06(1) to Harris's pre-amendment 1999 offenses violates ex post facto protections established in Frye v. State.
[1] A 2001 amendment to a statute governing probation violations may violate ex post facto protections if applied to offenses committed before the amendment's effective date.
[2] A probation violation based on allegations in an amended affidavit and report filed after the effective date of a statutory amendment may be invalid if the amendment cann…
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Join FLexlaw to unlock all legal intelligence“the 2001 amendment to section 948.06(1), Florida Statutes, would violate ex post facto protections if applied to sentences of persons whose offenses were committed before the effective date of the amendment”
Establishes the constitutional principle that controlled the decision
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Join FLexlaw to unlock all legal intelligenceHarris pleaded guilty to felonies committed in 1999 and was sentenced to two years of community control followed by two years of probation, set to end…
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PER CURIAM.
After entering a plea to felonies committed in 1999, Marcus Harris was sentenced to two years of community control followed by two years of probation. The probation was scheduled to conclude on December 30, 2003.
On December 3, 2003, however, an affidavit and violation report were filed alleging that Harris had failed to pay the costs of his supervision. An amended affidavit and report were filed on February 2, 2004, stating that the probationer had failed to allow his probation officer to visit him in his home in November and December 2003 and January 2004. Defense counsel moved to dismiss the amended affidavit and report as untimely on authority of State v. Hall, 641 So. 2d 403 (Fla. 1994).
The trial court denied the motion and accepted the state’s argument that the amended affidavit and report were timely under section 948.06(l)(d), Florida Statutes, as amended in 2001. An evidentiary hearing was conducted and the trial court concluded that the state had failed to prove the violation described in the original affidavit and report but that a violation had been established with regard to the allegations of the amended affidavit and report. Sentence was imposed and Harris appeals.
In Frye v. State, 885 So. 2d 419 (Fla. 1st DCA 2004), this court held that the 2001 amendment to section 948.06(1), Florida Statutes, would violate ex post facto protections if applied to sentences of persons whose offenses were committed before the effective date of the amendment. In the instant case, the only violation found by the trial court was that set forth in the amended affidavit and report. Accordingly, we must reverse the order finding a violation of probation and remand .with directions to withdraw that order and the accompanying sentence.1
REVERSED and REMANDED.
ALLEN, DAVIS and BROWNING, JJ., concur. . The trial court also refused to consider a second amended affidavit and report filed in February 2004 based upon defense counsel's representation that he had not been served with the documents. Consideration of the claims contained therein on remand would also be foreclosed by Frye.
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Shenfeld v. State, 14 So. 3d 1021 (Fla. 4th DCA 2009)…initiates a proceeding under the Environmental Dispute Resolution Act was procedural in nature). To the extent that our decision conflicts with the First District’s decisions in Frye v. State, 885 So. 2d 419 (Fla. 1st DCA 2004) and Harris v. State, 893 So. 2d 669 (Fla. 1st DCA 2005), we certify a conflict.1 We do hold, however, that the trial court erred by sentencing Shenfeld to fif [*1025] teen years in prison after he had received a true split sentence of five years. In Poore v. State, 531 So. 2d 161 (F…
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Shenfeld v. State, 44 So. 3d 96 (Fla. 2010)…the Fourth District Court of Appeal in Shenfeld v. State, 14 So. 3d 1021 (Fla. 4th DCA 2009), in which the Fourth District certified that its decision is in direct conflict with the decisions of the First District Court of Appeal in Harris v. State, 893 So. 2d 669 (Fla. 1st DCA 2005), and Frye v. State, 885 So. 2d 419 (Fla. 1st DCA 2004). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons that follow, we agree with the Fourth District that the application of the statutory amendment to a…
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Willy Palmer v. State, 37 So. 3d 977 (Fla. 4th DCA 2010)…il well after the statutory change. See Harper v. State, 955 So. 2d 617, 618 (Fla. 5th DCA 2007). To the extent that our decision conflicts with the First District’s decisions in Frye v. State, 885 So. 2d 419 (Fla. 1st DCA 2004) and Harris v. State, 893 So. 2d 669 (Fla. 1st DCA 2005) regarding the crucial date, we certify a conflict.1 See Shenfeld v. State, 14 So. 3d 1021, 1024 (Fla. 4th DCA 2009) (holding that retroactive application of the 2007 amendment to section 948.06(1)(d), Florida Statutes, did not co…
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
- State v. Hall, 641 So. 2d 403 (Fla. 1994)
- Damien Frye v. State, 885 So. 2d 419 (Fla. 1st DCA 2004)