NICHOLAS FOUNTAIN
v.
STATE OF FLORIDA
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A trial court may not enter a second judgment upon revocation of probation when it has already adjudicated guilt and entered a judgment at the time probation was originally imposed.
[1] A circuit court may only enter a judgment upon revocation of probation or community control when it withheld adjudication of guilt at the time probation was originally im…
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Join FLexlaw to unlock all legal intelligence“Duplicative adjudications of guilt after revocation of probation or community control are superfluous, are unauthorized, and can cause undue confusion in future proceedings.”
Court explaining the legal principle governing entry of judgments upon probation revocation
Nicholas Fountain was on probation and the probation was revoked. The trial court imposed sentences and entered a judgment upon revocation, although i…
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PER CURIAM.
Nicholas Fountain appeals the order revoking his probation and imposing an incarcerative sentence for his felony and misdemeanor offenses. We affirm the revocation of Fountain's probation and his resulting sentences without further comment;
however, the trial court erroneously entered a second judgment when it imposed Fountain's sentences upon revocation. See Schaufler v. State, 43 Fla. L. Weekly D1391a (Fla. 2d DCA June 20, 2018) ("Duplicative adjudications of guilt after revocation of probation or community control are superfluous, are unauthorized, and can cause undue confusion in future proceedings." (quoting Butler v. State, 195 So. 3d 1147, 1148 (Fla. 2d DCA 2016))). Because the trial court initially adjudicated Fountain guilty and entered a judgment against him when it imposed his split sentences, the second judgment was unauthorized and should be stricken. See id. ("[T]he circuit court only enters a judgment on a violation of probation in those instances when it withheld an adjudication of guilt, i.e., withheld judgment, at the time it originally imposed probation." (alteration in original) (quoting Butler, 195 So. 3d at 1148-49)).
Accordingly, we affirm the revocation of Fountain's probation and his resulting sentences but remand for the trial court to vacate the second written judgment.
Affirmed.
NORTHCUTT and LUCAS, JJ., and CASE, JAMES R., ASSOCIATE SENIOR JUDGE, Concur.
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Jahmontae Alexander Hammond v. State, 261 So. 3d 754 (Fla. 2d DCA 2019)
Authorities Cited
- Butler v. State, 195 So. 3d 1147 (Fla. 2d DCA 2016)