Public-domain · open source
OpenJurist

405 So. 2d 1344

Frederick v. State

District Court of Appeal of Florida

Decided November 3, 1981

District Court of Appeal of Florida · decided 1981-11-03

Relies on 283 So. 2d 857 - Troupe v. Rowe · 336 So. 2d 1253 - Patrick v. State · 383 So. 2d 737 - Peyton v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1981-11-03

How this case has been cited

Cited by 3 later decisions — most recently September 2013

3 state decisions

101981199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

PER CURIAM.

¶1We 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).

¶2The defendant’s appeals from the judgments and sentences imposed in all cases except Circuit Court Case No. 76-2390 are affirmed.

¶3Affirmed in part; reversed in part, with directions to vacate the judgment and sentence imposed in Circuit Court Case No. 76-2390.

/405/so2d/1344 · .json · Public domain