JUAN L. JENKINS
v.
STATE OF FLORIDA
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Juan Jenkins appealed the denial of his motion to vacate a 30-year consecutive sentence imposed after he violated probation on his original concurrent probation sentences. Jenkins argued the consecutive sentence violated his plea agreement, that concurrent probation terms mandated concurrent post-violation sentences, and that consecutive sentences constituted double jeopardy. The appellate court rejected all arguments and affirmed the trial court's denial of his motion.
The court affirmed that consecutive sentences imposed after probation violation are legal and do not violate the original plea agreement, are not mandated to be concurrent merely because original probationary terms were concurrent, and do not constitute double jeopardy.
[1] When a defendant pleads guilty pursuant to a plea bargain and is placed on probation, the trial court may impose a sentence exceeding the provisions of the original plea…
[2] The concurrent ordering of original probationary terms does not mandate that sentences imposed after probation violation likewise run concurrently.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“when a defendant pleads guilty pursuant to a plea bargain and the court places him on probation, if he violates his probation the court can sentence him to a term in excess of the provisions of the original bargain”
Court addressing Jenkins's argument that his thirty-year sentence violates the original plea agreement
In 2007, Jenkins pleaded no contest to aggravated battery and possession of a firearm by a convicted felon and received two concurrent probation terms…
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March 7, 2019 PER CURIAM.
In 2007, Juan Jenkins pleaded no contest to aggravated battery and possession of a firearm by a convicted felon. Pursuant to a plea agreement, the court sentenced Jenkins to two concurrent probation terms. After Jenkins violated probation, the court sentenced him to two consecutive fifteen-year prison terms—a total of thirty years. This court affirmed that sentence without a written opinion. See Jenkins v. State, 995 So. 2d 957 (Fla. 1st DCA 2008) (table).
Jenkins then filed a rule 3.800(a) motion, contending his sentence was illegal. The trial court denied the motion, and Jenkins now appeals. Jenkins first argues that his thirty-year sentence violates his original plea agreement. But “when a defendant pleads guilty pursuant to a plea bargain and the court places him on probation, if he violates his probation the court can sentence him to a term in excess of the provisions of the original bargain.” State v. Segarra, 388 So. 2d 1017, 1018 (Fla. 1980). Jenkins also argues that because his probationary terms were concurrent, his sentences after he violated probation must likewise be concurrent. We reject this argument as well. “The fact that the original terms of probation were ordered to run concurrently does not mandate that the sentences imposed after violation of probation also run concurrently.” Troncoso v. State, 825 So. 2d 494, 497 (Fla. 3d DCA 2002); accord Ellis v. State, 406 So. 2d 76, 78 (Fla. 2d DCA 1981). Finally, we reject Jenkins’s argument that his consecutive sentences violate double jeopardy. See § 921.16, Fla. Stat. (2005); State v. Cantrell, 417 So. 2d 260, 260 (Fla. 1982).
AFFIRMED.
LEWIS, WINSOR, and M.K. THOMAS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Juan L. Jenkins, pro se, Appellant. Ashley B. Moody, Attorney General, Tallahassee, for Appellee.
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Jenkins v. State, 269 So. 3d 584 (Fla. 1st DCA 2019)…to two concurrent probation terms. After Jenkins violated probation, the court sentenced him to two consecutive fifteen-year prison terms—a total of thirty years. This court affirmed that sentence without a written opinion. See Jenkins v. State, 995 So. 2d 957 (Fla. 1st DCA 2008) (table). Jenkins then filed a rule 3.800(a) motion, contending his sentence was illegal. The trial court denied the motion, and Jenkins now appeals. Jenkins first argues that his thirty-year sentence violates his original pl…
Authorities Cited
- State v. Segarra, 388 So. 2d 1017 (Fla. 1980)
- State v. Cantrell, 417 So. 2d 260 (Fla. 1982)
- S.M. v. State, 825 So. 2d 494 (Fla. 5th DCA 2002)
- Ford v. State, 406 So. 2d 76 (Fla. 2d DCA 1981)
- Ellis v. State, 406 So. 2d 76 (Fla. 2d DCA 1981)
- Astrop v. Orange Cnty., 825 So. 2d 494 (Fla. 5th DCA 2002)
- Jenkins v. State, 269 So. 3d 584 (Fla. 1st DCA 2019)