Florida District Courts of Appeal, 1975

Parent v. State

Parent v. State
Florida District Courts of Appeal · Decided May 9, 1975 · Downey, Mager, Walden
312 So. 2d 482; 1975 Fla. App. LEXIS 14961 (Southern Reporter, Second Series)

Parent v. State

Opinion of the Court

PER CURIAM.

Appellant appeals his probation revocation and sentence thereunder. We affirm on the premise of Brown v. State, 305 So.2d 309 (4th D.C.A.Fla. 1974):

“[F.S. 924.06] clearly limits this appeal to review of proceedings that occurred after the entry of the order of probation.”

Appellant has collaterally questioned his original sentence. We are not unaware of Farhat v. State, 293 So.2d 723 (1st D.C.A. Fla. 1974), in which a felony judgment on insufficient evidence limited any sentencing thereafter if probation were revoked, but deem it inapplicable to this circumstance because appellant here did not timely appeal his adjudication and sentence as did the defendant in Farhat. We affirm with no restrictions upon appellant’s right to make a motion under F.R.Cr.P. 3.850, if there is any question of new evidence.

Affirmed.

WALDEN, MAGER and DOWNEY, JJ., concur.

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