Williams v. State, 4D00-3325.
Decision Date | 12 December 2001 |
Docket Number | No. 4D00-3325.,4D00-3325. |
Citation | 801 So.2d 284 |
Parties | James WILLIAMS, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Patrick C. Rastatter of Glass & Rastatter, P.A., Fort Lauderdale, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Bart Schneider, Assistant Attorney General, West Palm Beach, for appellee.
This is a sequel to our decision in Williams v. State, 691 So.2d 1158 (Fla. 4th DCA 1997). On that appeal, defendant sought review of a sentence of 10 years in state prison, followed by 5 years probation, arguing that the 10 years was an impermissible departure from the guidelines. We reversed the sentence and remanded for resentencing with a departure still possible. After remand defendant was brought before the court for resentencing, and it became apparent that the state would no longer seek a departure. At that point, the following occurred:
That same day the court entered an Order stating, The trial court thereupon entered a separate order on resentencing providing for a 95 month prison term and nothing else. Two days later the court entered a "corrected" resentencing order, now providing for a prison sentence of 95 months followed by five years probation.
After serving his state prison sentence, defendant was released. He was then required to begin serving the period of probation set down in the corrected resentencing order. Later the state charged him with violating the probation.1 In response to the VOP charge, defendant argued that he was not properly sentenced to probation when he was resentenced and therefore could not possibly be found in violation of probation. We agree and reverse the present order finding that defendant was properly sentenced to probation.
We understand, and applaud, the trial court's desire to avoid unnecessary duplication in a case that had been previously before it. Ordinarily we would happily approve streamlined procedures that eliminate any waste of courtroom time, and thereby facilitate the disposition of a crowded docket. In this instance, however, we are reluctantly forced to conclude that the court's good faith attempt to avoid wasting time inadvertently ended up conflicting with indispensable sentencing procedures, in that the probation was not pronounced at the...
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