JEFF MITCHELL BELL JR
v.
STATE OF FLORIDA

Fla. 1st DCA | 2020-09-14
No. 19-4270
Florida District Court of Appeal, First District (2020)

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Holding

A trial court sentencing a probation violator under section 948.06(2)(f)1 is limited to modification, continuation of probation, or up to 90 days in county jail only if all four statutory conditions are satisfied.


Headnotes

[1] When imposing sentence for a violation of probation under section 948.06(2)(f)1, a trial court may only modify or continue probation or impose a sentence of up to 90 days…

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Facts & Procedural History

Jeff Mitchell Bell Jr. was convicted and sentenced to probation. He violated the terms of his probation and was brought back before the trial court fo…

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Opinion of the Court

September 14, 2020 PER CURIAM.

AFFIRMED. See Owens v. State, 1D20-540, 45 Fla. L. Weekly D2011a (Fla. 1st DCA Aug. 25, 2020) (holding that whether section 948.06(2) applies to a defendant who committed an offense before the statute was amended, when imposing sentence for a violation of probation, a trial court is limited under subsection 948.06(2)(f)1 to modifying or continuing probation or imposing a sentence of up to 90 days in county jail only when a defendant “meet[s] all four conditions of subsection 948.06(2)(f)1”).

MAKAR, KELSEY, and NORDBY, JJ., concur.

2

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


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