Frederick v. State, 80-1153
| Decision Date | 03 November 1981 |
| Docket Number | No. 80-1153,80-1153 |
| Citation | 405 So.2d 1344 |
| Parties | Raymond FREDERICK a/k/a Billy Fedrick, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender, and John H. Lipinski, Sp. Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen., and Paul Mendelson, Asst. Atty. Gen., for appellee.
Before DANIEL S. PEARSON, FERGUSON and JORGENSON, JJ.
We reverse the judgment and sentence imposed in Circuit Court Case No. 76-2390 with directions to vacate on a holding that (1) the defendant's two-year probationary term in Case No. 76-2390 expired well before the violations of probation occurred and rendered the judgment and sentence imposed on the defendant for such violations a nullity, see Peyton v. State, 383 So.2d 737, 738 n.2 (Fla.3d DCA 1980); (2) the trial court's subsequent sua sponte order which purported to modify the defendant's probationary term, which the defendant had begun serving, by postponing its effective date (a) unlawfully subjected the defendant to increased punishment for the same offense, Troupe v. Rowe, 283 So.2d 857 (Fla.1973), and (b) alternatively, was an unauthorized extension of the defendant's probation, see Section 948.06, Florida Statutes (1979); Smith v. State, 377 So.2d 250 (Fla.3d DCA 1979); Patrick v. State, 336 So.2d 1253 (Fla. 1st DCA 1976).
The defendant's appeals from the judgments and sentences imposed in all cases except Circuit Court Case No. 76-2390 are affirmed.
Affirmed in part; reversed in part, with directions to vacate the judgment and sentence imposed in Circuit Court Case No. 76-2390.
To continue reading
Request your trial
-
Johnson v. State, BN-38
...where the trial court increased a term of jail or prison time. Farber v. State, 409 So.2d 71 (Fla. 3d DCA 1982); Frederick v. State, 405 So.2d 1344 (Fla. 3d DCA 1981); Royal v. State, 389 So.2d 696 (Fla. 2d DCA 1980); Gonzalez v. State, 384 So.2d 57 (Fla. 4th DCA 1980); and Solomon v. State......
-
Garcia-Medina v. State
...the court and advised of the charge, following the procedures of section 948.06, Florida Statutes (1993).”); Frederick v. State, 405 So.2d 1344, 1345 (Fla. 3d DCA 1981) (holding that the trial court's sua sponte order that purported to modify the defendant's probation violated double jeopar......
-
Richter v. State, 92-1863
...the probation. Cf. Clark v. State, 579 So.2d 109 (Fla.1991); Shankweiler v. State, 427 So.2d 215 (Fla. 4th DCA 1983); Frederick v. State, 405 So.2d 1344 (Fla. 3d DCA 1981). We remand with directions to vacate any orders entered subsequent to the April 23, 1992 termination HERSEY and GUNTHER......