WILLIAM LEDEE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that a conviction used as the sole basis for probation revocation is not final until affirmed on appeal.
Defendant was convicted of uttering a forged instrument and placed on probation. He was subsequently convicted of a federal charge for the same offens…
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PER CURIAM.
Defendant, William Ledee, appeals a judgment of guilt for uttering a forged instrument and sentence to three years in the state penitentiary following a determination that he violated his probation.
William Ledee was charged with uttering a forged instrument and after entering a guilty plea was placed on 15 years probation. Subsequently, Ledee was charged by a federal indictment for uttering a forged instrument, tried and convicted. A notice of appeal of that conviction was filed with the 5th Circuit Court of Appeal. In the meantime, an affidavit of violation of probation was filed against Ledee and a hearing conducted at which the prosecuting attorney stipulated that the sole basis for revocation was Ledee’s conviction in the federal district court. The trial judge found that Ledee had violated his probation and entered judgment adjudicating him guilty of uttering a forged instrument and sentenced him to three years in the state penitentiary. We reverse.
Our Supreme Court long ago established the principle of law that if an appeal has been taken from a judgment of guilt in the trial court, that conviction does not become final until the judgment of that court has been affirmed by the appellate court. Joyner v. State, 158 Fla. 806, 30 So. 2d 304 (1947); see also State ex rel. Volusia Jai-Alai, Inc. v. Board of Bus. Reg., 304 So. 2d 473 (Fla. 1st DCA 1974).
Ledee’s conviction being the sole ground for the revocation of his probation, we find that the trial judge was in error in revoking his probation. Therefore, the judgment appealed is reversed and the sentence vacated.
It is so ordered.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Udell Shirley Stevens, Jr. v. State, 409 So. 2d 1051 (Fla. 1982)…may serve as the basis for revocation of probation, the District Court of Appeal, Fifth District, in Stevens v. State, 397 So. 2d 398 (Fla. 5th DCA 1981), has created express and direct conflict with the Third District’s decision in Ledee v. State, 342 So. 2d 100 (Fla. 3d DCA 1977). We hold that the Fifth District’s holding in Stevens is correct, and we disapprove the Third District’s holding in Ledee. Stevens’ probation was revoked on the basis that he had violated a condition of his probation which requir…
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Burkett v. State, 518 So. 2d 1363 (Fla. 1st DCA 1988)…ppeal has been taken, the conviction does not become final until the judgment of the lower court has been affirmed by the appellate court. However, in Stevens v. State, 409 So. 2d 1051 (Fla.1982), the court disapproved the holding in Ledee v. State, 342 So. 2d 100 (Fla. 3d DCA 1977), in which the Third District Court of Appeal had relied on Joyner in finding that a probation revocation could not be based on a conviction which was pending on appeal. The Stevens court approved the reasoning of the Fifth Distric…
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Udell Shirley Stevens, Jr. v. State, 397 So. 2d 398 (Fla. 5th DCA 1981)…he judgment of conviction had not been affirmed on appeal.1 Appellant claims the subsequent judgment of conviction was not final until affirmed on appeal and therefore was insufficient as the basis for revocation of probation, citing Ledee v. State, 342 So. 2d 100 (Fla.3d DCA 1977). Ledee relied on Joyner v. State, 158 Fla. 806, 30 So. 2d 304 (1947), and State ex rel Volusia Jai-Alai, Inc. v. Board of Business Regulation of the Dept. of Business Regulation, 304 So. 2d 473 (Fla. 1st DCA 1974). In both Joyner…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Joyner v. State, 158 Fla. 806 (Fla. 1947)
- State of Fla. on the relation of Volusia Jai-Alai, Inc. v. Bd. OF Bus. Reg. OF the Dep't OF Bus. Reg. of the State of Fla., 304 So. 2d 473 (Fla. 1st DCA 1974)