ALLAN J. RADI
v.
STATE OF FLORIDA
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Appellant challenged his probation revocation and sentence for drug possession, arguing the trial court erred by denying his motion to correct sentencing error because it was statutorily required to modify or continue his probation under Florida Statutes § 948.06(2)(f). The appellate court reversed and remanded for resentencing.
The trial court erred in denying the motion because, where all four conditions of section 948.06(2)(f) are met, the statute requires the court to modify or continue probation rather than revoke it.
[1] Where a defendant meets all four conditions specified in section 948.06(2)(f), Florida Statutes, the trial court is statutorily required to modify or continue probation r…
[2] A claim that the trial court was required to modify or continue probation under section 948.06(2)(f), Florida Statutes, is properly preserved for appellate review when ra…
Previewing 2 of 2 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“Since the State does not dispute that Appellant met all four conditions of section 948.06(2)(f), the trial court was required to modify or continue Appellant's probation.”
Establishes that where statutory conditions are met, the trial court has no discretion and must modify or continue probation.
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Join FLexlaw to unlock all legal intelligenceAppellant was convicted of possession of a controlled substance and his probation was revoked. He filed a motion to correct sentencing error under Flo…
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October 8, 2024 PER CURIAM.
In this appeal from his probation revocation and sentence for possession of a controlled substance, Appellant claims that the trial court erred in denying his motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2) because the court was required to modify or continue Appellant’s
probation under section 948.06(2)(f), Florida Statutes (2023). Contrary to the State’s assertion, this claim is properly preserved for appeal because it was raised in Appellant’s rule 3.800(b)(2) motion. Since the State does not dispute that Appellant met all four conditions of section 948.06(2)(f), the trial court was required to modify or continue Appellant’s probation. Accordingly, we reverse and remand for resentencing.
REVERSED and REMANDED. JAY, HARRIS, and SOUD, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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