CARRIE JONES
v.
THE STATE OF FLORIDA
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An offender who was originally subject to a mandatory minimum sentence remains appropriately subject to that sentence when probation is revoked, and the State may re-impose the prison release offender designation by proving it by a preponderance of the evidence.
[1] When an offender originally subject to a mandatory minimum sentence violates probation, the court is required to impose the mandatory minimum sentence upon revocation, an…
Previewing 1 of 1 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“Because [appellant] was originally subject to the twenty-five-year mandatory minimum sentence before she entered into the plea agreement with the State, she was appropriately subject to it once her probation was revoked.”
Kelley v. State, cited for the principle that mandatory minimum sentences apply upon probation revocation.
Carrie Jones appealed a Circuit Court decision concerning the imposition of a sentence in Miami-Dade County. The appeal involves the application of ma…
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PER CURIAM.
Affirmed. See Kelley v. State, 309 So. 3d 306, 311 (Fla. 2d DCA 2020) (“Because [appellant] was originally subject to the twenty-five-year mandatory minimum sentence before she entered into the plea agreement with the State, she was appropriately subject to it once her probation was revoked.”); see also Foulks v. State, 306 So. 3d 1178, 1185 (Fla. 3d DCA 2020) (“[W]hen the State seeks to impose the [prison release reoffender “PRR”] sentence and proves the PRR designation by a preponderance of the evidence before resentencing an offender that was originally facing a PRR sentence, the court is required to impose the minimum mandatory sentence. . . . Aside from the fact that there is no basis in Florida law for a permanent PRR waiver, [appellant’s] violation of probation would have nullified the State’s waiver under traditional contract principles.”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Jones v. State (Fla. 3d DCA 2023)…PER CURIAM. Affirmed. See Kelley v. State, 309 So. 3d 306, 311 (Fla. 2d DCA 2020) (“Because [appellant] was originally subject to the twenty-five-year mandatory minimum sentence before she entered into the plea agreement with the State, she was appropriately subject to it once her probation was revoked.”);…1 / 2
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Diaz v. State (Fla. 3d DCA 2021)…being released from a state correctional facility’ or another qualifying institution.”) (citation omitted). Consequently, the trial court properly imposed the minimum mandatory sentences Diaz challenged by way of his motion.1 See Foulks v. State, 306 So. 3d 1178, 1182 (Fla. 3d 1 We summarily reject the contention that the State was required to allege Diaz qualified for enhanced sentencing in the charging document. DCA 2020) (“Imposing a PRR sentence is mandatory once the State proves that the defendant qu…
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Balbin v. State (Fla. 3d DCA 2024)…Appellant had notice of the potential sentence for the crime underlying the grant of probation, the trial court could impose the sentence including the minimum mandatory for Appellant's subsequent probation violation. See, e.g., Kelley v. State, 309 So. 3d 306, 311 (Fla. 2d DCA 2020) (“Because [appellant] was originally subject to the twenty-five-year mandatory minimum sentence before she entered into the plea agreement with the State, she was appropriately subject to it once her probation was revoked.…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kemar Rochester v. State, 140 So. 3d 973 (Fla. 2014)
- Jones v. State (Fla. 3d DCA 2023)