Bilyou v. State, No. 59160
| Court | United States State Supreme Court of Florida |
| Writing for the Court | ADKINS |
| Citation | 404 So.2d 744 |
| Parties | Harry BILYOU, Petitioner, v. STATE of Florida, Respondent. |
| Docket Number | No. 59160 |
| Decision Date | 24 September 1981 |
Page 744
v.
STATE of Florida, Respondent.
Harry Bilyou, in pro. per.
Jim Smith, Atty. Gen. and Richard W. Prospect, Asst. Atty. Gen., Daytona Beach, for respondent.
ADKINS, Acting Chief Justice.
By petition for certiorari, we have for review a decision of the Fifth District Court of Appeal, Bilyou v. State, 381 So.2d 756 (Fla. 5th DCA 1980), which allegedly conflicts with prior decisions of another district court of appeal, Payne v. State, 372 So.2d 152 (Fla.3d DCA 1979); Overman v. State, 368 So.2d 434 (Fla.3d DCA 1979); Segarra v. State, 360 So.2d 79 (Fla.3d DCA 1978), on the same point of law. We have jurisdiction. Art. V, § 3(b)(3), Fla.Const. (1980).
Petitioner, Harry David Bilyou, was charged with a lewd assault upon a six-year-old girl. Pursuant to a plea bargain, the trial judge accepted a plea of nolo contendere and agreed that petitioner would receive "a cap of ten years probation as a possible sentence." Petitioner was, in fact, placed on eight years probation; however, following a hearing at which he was found to have violated the terms of his probation agreement, his probation was revoked, he was adjudicated guilty, and sentenced to fifteen years in prison. Pursuant to section 947.16(3), Florida Statutes (Supp. 1978), the trial judge retained jurisdiction over petitioner for the first one-third of the sentence imposed.
Petitioner appealed the fifteen-year sentence and the trial judge's retention of jurisdiction, contending that the former was illegal because it exceeded the ten-year cap agreed to as part of the plea bargain and that the latter was improper. The District
Page 745
Court of Appeal, Fifth District, affirmed the trial court, holding that the sentence imposed was proper and that the point raised regarding the trial judge's retention of jurisdiction was without merit.In regard to the propriety of the sentence imposed, the district court reasoned as follows:
(S)o long as the original order of probation was within the terms of the plea agreement, the court has fulfilled the plea bargain. Upon revocation of probation the trial court is free to impose any punishment within the limits prescribed for the crime.
Bilyou v. State at 757. The second and fourth district courts have held likewise. See Mulder v. State, 356 So.2d 870 (Fla.4th DCA 1978); Johnson v. State, 378 So.2d 335 (Fla.2d DCA 1980).
As the fifth district court noted in its opinion, the Third District Court of Appeal has held contrarily. In Segarra v. State, regarding the same question, the third district held as follows:
(T)he trial court erred in imposing a sentence of fifteen years on violation of probation, where there had been an agreed maximum sentence of five years as a part of plea negotiations accepted and approved by and between defendant, prosecutor, and judge.
Segarra v. State, at 80. Petitioner contends that the third district reached the correct conclusion, i....
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Connor v. State, No. 5D05-3994.
...new chapter in which the court ought to be able to mete out any punishment within the limits prescribed for the crime." Bilyou v. State, 404 So.2d 744, 745 (Fla.1981). The Legislature has decreed that when a defendant is sentenced for violation of probation and the trial court revokes proba......
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Landeverde v. State, No. 4D99-1879.
...This is so even when a defendant violates terms of probation on which he or she was placed pursuant to a plea bargain. Bilyou v. State, 404 So.2d 744 (Fla.1981); State v. Parrish, 616 So.2d 1135 (Fla. 3d DCA When sentencing a defendant after revocation of probation or community control, a t......
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State v. Nickerson, No. 88-1098
...may have said probation revoked and be sentenced to a term in prison, notwithstanding the terms of the plea agreement." Bilyou v. State, 404 So.2d 744 (Fla.1981). In Bilyou, the supreme court referred to an earlier decision in State v. Segarra, 388 So.2d 1017 (Fla.1980), wherein it had obse......
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Cole v. State, No. 2D14–3404.
...21, 2015.Edward L. Cole, pro se.OpinionPER CURIAM. Affirmed. See State v. Wayne, 531 So.2d 160 (Fla.1988) ; Bilyou v. State, 404 So.2d 744 (Fla.1981) ; State v. Segarra, 388 So.2d 1017 (Fla.1980) ; Bizzell v. State, 912 So.2d 386 (Fla. 2d DCA 2005) ; Mearns v. State, 779 So.2d 282 (Fla. 2d ......
-
Connor v. State, No. 5D05-3994.
...chapter in which the court ought to be able to mete out any punishment within the limits prescribed for the crime." Bilyou v. State, 404 So.2d 744, 745 (Fla.1981). The Legislature has decreed that when a defendant is sentenced for violation of probation and the trial court revokes prob......
-
Landeverde v. State, No. 4D99-1879.
...This is so even when a defendant violates terms of probation on which he or she was placed pursuant to a plea bargain. Bilyou v. State, 404 So.2d 744 (Fla.1981); State v. Parrish, 616 So.2d 1135 (Fla. 3d DCA When sentencing a defendant after revocation of probation or community control, a t......
-
State v. Nickerson, No. 88-1098
...have said probation revoked and be sentenced to a term in prison, notwithstanding the terms of the plea agreement." Bilyou v. State, 404 So.2d 744 (Fla.1981). In Bilyou, the supreme court referred to an earlier decision in State v. Segarra, 388 So.2d 1017 (Fla.1980), wherein it had obs......
-
Cole v. State, No. 2D14–3404.
...21, 2015.Edward L. Cole, pro se.OpinionPER CURIAM. Affirmed. See State v. Wayne, 531 So.2d 160 (Fla.1988) ; Bilyou v. State, 404 So.2d 744 (Fla.1981) ; State v. Segarra, 388 So.2d 1017 (Fla.1980) ; Bizzell v. State, 912 So.2d 386 (Fla. 2d DCA 2005) ; Mearns v. State, 779 So.2d 282 (Fla. 2d ......