Florida District Courts of Appeal, 1981

Frederick v. State

Florida District Courts of Appeal · Decided November 3, 1981 · Ferguson, Jorgenson, Pearson

405 So. 2d 1344; 1981 Fla. App. LEXIS 21523 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Garcia-Medina v. State (Fla. Dist. Ct. App. 2013)
Richter v. State (Fla. Dist. Ct. App. 1993)
Johnson v. State (Fla. Dist. Ct. App. 1987)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We reverse the judgment and sentence imposed in Circuit Court Case No. *134576-2390 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 spohte 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.