Maycock v. State, 73--289
| Citation | 281 So.2d 64 |
| Decision Date | 31 July 1973 |
| Docket Number | No. 73--289,73--289 |
| Court | Court of Appeal of Florida (US) |
| Parties | Tyrone Eugene MAYCOCK, Appellant, v. The STATE of Florida, Appellee. |
Matthews, Braynon & Mapp, Miami, for appellant.
Robert L. Shevin, Atty. Gen., and Peter F. LaPorte, Asst. Atty. Gen., for appellee.
Before PEARSON, HENDRY and HAVERFIELD, JJ.
Defendant-appellant appeals an order revoking his probation and sentencing him to eighteen (18) months in the state penitentiary.
The defendant, Tyrone Maycock, pled guilty to grand larceny and on January 27 1970 was placed on probation for a period of two years. On March 11, 1971 the appellant was charged with two violations of his probation, to-wit: (1) failure to submit required monthly reports and (2) only partial payment of restitution. Immediately thereafter an arrest warrant was issued pursuant thereto. 1 After several postponements, a hearing on the alleged probation violations was held on October 17, 1972. Appellant admitted the violations, his probation was revoked, and he was sentenced to one year in Dade County Jail. Thereafter, on October 27, 1972, since appellant had not been represented by counsel at his revocation of probation hearing, the order of October 17, 1972 was vacated and set aside and the original probation order was reinstated. Subsequently, on October 30, 1972 another revocation of probation hearing was conducted at which time appellant made full restitution and then was returned to the supervision of the probation-parole supervisor.
On January 19, 1973 the defendant was found guilty on count one (entering without breaking) of a four count information filed on August 14, 1971. On February 8, 1973 the court was advised that the appellant was again in violation of the terms of his probation by (1) a new conviction, and (2) drug use. A hearing was held thereon, after which defendant's probation was revoked and he was sentenced to eighteen (18) months in the state penitentiary. On February 16, 1973 the defendant was sentenced on the entering without breaking charge to two (2) years in the state penitentiary to run consecutively with the eighteen (18) months for revocation of probation.
On appeal, the basic issue for determination is whether the trial court, after the expiration of the specified probation period, could entertain a proceeding or application of revocation of probation for a violation which occurred during the term of the probation.
It now is well...
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Jess v. State
...December 9, 1977, shortly before the end of the probationary period. Peyton v. State, 383 So.2d 737 (Fla. 3d DCA 1980); Maycock v. State, 281 So.2d 64 (Fla. 3d DCA 1973). Contrary to the appellant's contention, we regard as irrelevant the fact that the identical allegation was also containe......
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Carpenter v. State, 77-890
...State ex rel. Ard v. Shelby, 97 So.2d 631 (Fla. 1st DCA 1957); Brooker v. State, 207 So.2d 478 (Fla. 3d DCA 1968); Maycock v. State, 281 So.2d 64 (Fla. 3d DCA 1973). Reviewing the record in light of the above established principle of law, the trial court clearly had jurisdiction to entertai......
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Wrich v. State, 76-1802
...well settled that an affidavit alleging a violation of probation must be filed before the expiration of the probation. Maycock v. State, 281 So.2d 64 (Fla. 3d DCA 1973); State ex rel. Ard v. Shelby, 97 So.2d 631 (Fla. 1st DCA The other points raised on this appeal now become moot. In view w......