TERESA LEE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Teresa Lee appealed a probation revocation judgment, challenging the constitutionality of a tolling statute amendment under the ex post facto doctrine. The Florida appellate court affirmed the judgment, relying on the Supreme Court's controlling decision in Shenfeld v. State, which rejected identical constitutional challenges to probation tolling statutes.
The court affirmed the judgment and sentence, holding that the 2001 amendment to the tolling statute is constitutional under the ex post facto doctrine. The court relied on the Florida Supreme Court's controlling decision in Shenfeld v. State, which rejected an identical constitutional challenge to a later 2007 amendment to the same statute.
[1] A statutory amendment that tolls the time for probation revocation proceedings does not violate the ex post facto doctrine when applied to offenses committed prior to the…
[2] A court's jurisdiction to revoke probation can be extended by a statutory tolling provision.
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Join FLexlaw to unlock all legal intelligence“This is an appeal from a judgment and sentence entered on July 7, 2010 upon the revocation of probation for the last of a series of violations of the last of a series of terms of probation first imposed upon the appellant for an offense that occurred on April 19, 1991.”
Establishes the procedural posture and subject matter of the appeal—a probation revocation nearly two decades after the original offense.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceLee was originally sentenced for an offense occurring on April 19, 1991, with probation first imposed at that time. She subsequently committed multipl…
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This is an appeal from a judgment and sentence entered on July 7, 2010 upon the revocation of probation for the last of a series of violations of the last of a series of terms of probation first imposed upon the appellant for an offense that occurred on April 19, 1991. The sole issue on appeal concerns the alleged invalidity, under the ex post facto doctrine discussed in Calder v. Bull, 3 U.S. 386, 3 Dall. 386, 1 L.Ed. 648 (1798), of the 2001 amendment to the “tolling” statute, Fla. Stat. § 948.06(1)(d), pursuant to which the trial court retained and asserted jurisdiction over the proceeding. Subsequent to the filing of the brief of appellant, the Supreme Court decided the controlling case of Shenfeld v. State, 44 So.3d 96 (Fla.2010), which rejected the identical claim, based there on the alleged affect of the 2007 amendment to Fla. Stat. § 948.06(1)(d). Shenfeld was taken on conflict jurisdiction, certified by the Fourth District between its decision in Shenfeld, 14 So.3d 1021 (Fla. 4th DCA 2009), which the Supreme Court approved, and Harris v. State, 893 So.2d 669 (Fla. 1st DCA 2005) and Frye v. State, 885 So.2d 419 (Fla. 1st DCA 2004), which directly involved the 2001 amendment and upon which the appellant primarily relied. While Shenfeld specifically declined to “address the constitutionality of the earlier version of the statute,” 44 So.3d at 102, there is no principled difference in the two statutes as to the legal point in issue. Hence we affirm the judgment and sentence under review on the authority of the reasoning in Shenfeld v. State. See also Palmer v. State, 4D09-3980, 37 So.3d 977 (Fla. 4th DCA June 23, 2010); Harper v. State, 955 So.2d 617 (Fla. 5th DCA 2007).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Calder et Wife, 3 Dall. 386 (U.S. 1798)
- Shenfeld v. State, 14 So. 3d 1021 (Fla. 4th DCA 2009)
- Shenfeld v. State, 44 So. 3d 96 (Fla. 2010)
- Damien Frye v. State, 885 So. 2d 419 (Fla. 1st DCA 2004)
- Harper v. State, 955 So. 2d 617 (Fla. 5th DCA 2007)
- King v. State, 893 So. 2d 669 (Fla. 1st DCA 2005)
- Harris v. State, 893 So. 2d 669 (Fla. 1st DCA 2005)
- Willy Palmer v. State, 37 So. 3d 977 (Fla. 4th DCA 2010)