Allison v. United States

¶4WALLER, Circuit Judge.

¶5The Petitioner was convicted of breaking and entering the United States Post Office at Fort Ogden, Florida. The trial Court imposed the maximum sentence of five years,1 but prdered sentence suspended and placed the Petitioner on probation for five years.2 The sentence provided that the probationary period would not begin until defendant was released or had executed the sentence that he was then serving.3 At the time of the sentence the Petitioner was serving a fifteen-year sentence in the Florida State Prison. The Petitioner returned to the Florida State Prison where he served until the fifteen-year sentence was declared void by the Florida Supreme Court. Allison v. Mayo, 158 Fla. 700, 29 So.2d 750. He was *913thereupon released from the Florida institution and began to undergo his Fed eral probation. Within five years front the date of his release by the State — but^ more than five years from imposition of the State sentence — he was adjudged [on June 2, 1948], to have violated the conditions of his probation and same was thereupon revoked and the original sen ■ tence ordered to be executed.

¶6The Petitioner contends that the probationary period began on date of sentence [Feb. 19, 1943] and that the five-year probationary period had elapsed so as to render him immune to service of same. We think not.

¶7The sentence imposed in the Federal Court was definite and certain. It stated that probation would begin upon his release from the Florida State Prison. It would continue thereafter for five years. He was released April 17, 1947, and it was within five years from that date that the violation occurred and the probation was revoked. From the record it is clearly ascertainable when the probation was to begin and equally clear that it was to end five years thereafter so that a revocation of probation within the term is in conformity to law.

¶8Affirmed.