Valdes v. State
| Decision Date | 14 May 1985 |
| Docket Number | No. 83-2824,83-2824 |
| Parties | 10 Fla. L. Weekly 1206 Pablo Gotay VALDES, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender and Juan Ramirez, Jr., Sp. Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen., and Henry R. Barksdale, Asst. Atty. Gen., for appellee.
Before BARKDULL, HUBBART and NESBITT, JJ.
By this appeal the appellant seeks review of an order revoking his probation and entering sentence. We find no error in the probation revocation. Cuciak v. State, 410 So.2d 916 (Fla.1982); State v. Overton, 464 So.2d 607 (Fla. 3d DCA 1985); Brady v. State, 457 So.2d 544 (Fla. 2d DCA 1984); Atkinson v. State, 456 So.2d 568 (Fla. 5th DCA 1984); Green v. State, 455 So.2d 586 (Fla. 2d DCA 1984); Kirk v. State, 400 So.2d 540 (Fla. 3d DCA 1981). In the sentence, the trial court included therein the statement:
"The defendant having elected to be sentenced pursuant to RCrP 3.701 Sentencing Guidelines, shall not be eligible for parole or gaine (sic) time."
The trial court statement as to parole is surplusage. There is no right to parole when you are sentenced under the sentencing guidelines of 1983. See Section 921.001(8), Florida Statutes (1983). The trial court is without the authority to prevent gain time. Depson v. State, 363 So.2d 43 (Fla. 1st DCA 1978); Curry v. Wainwright, 422 So.2d 1029 (Fla. 1st DCA 1982).
Therefore we modify the sentence by striking all reference to parole and gain time.
Affirmed as modified.
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Duffy v. State
...states with persuasive authority include Colorado: O'Day v. People, 114 Colo. 373, 166 P.2d 789 (1946); Florida: Valdes v. Florida, Fla.App., 469 So.2d 868 (1985), "The trial court is without authority to prevent gain time"; Nebraska: (with a detailed proportionate sentencing provision), St......
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Easton v. State, 83-2827
...no longer even on parole for the remainder of the original sentence. Section 944.291, Florida Statutes (1983). See also Valdes v. State, 469 So.2d 868 (Fla. 3d DCA 1985), and cases cited (sentence condition precluding gain time Since the defendant's remaining points present no error, see Sp......
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Cole v. State, 87-2387
...not for the courts, but for the Department of Corrections to determine. Hall v. State, 493 So.2d 93 (Fla. 2d DCA 1986); Valdes v. State, 469 So.2d 868 (Fla. 3d DCA 1985). Thus, our conclusion on this point will not preclude the DOC from again allotting the claimed gain time as an administra......
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Causey v. State, BN-333
...sentence." The circuit court has no authority to direct such a summary revocation of gain-time as part of its sentence. Valdes v. State, 469 So.2d 868 (Fla. 3d DCA 1985); Bretti v. Wainwright, 360 So.2d 1299 (Fla. 1st DCA 1982); Depson v. State, 363 So.2d 43 (Fla. 1st DCA 1978). Such power ......