CARRIE JONES v. THE STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: April 12, 2023
• Docket: 22-1667
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed April 12, 2023. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-1667 Lower Tribunal Nos. F12-27087, & F13-2506 ________________

Carrie Jones, Appellant,

vs.

The State of Florida, Appellee.

An appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Carmen Cabarga, Judge.

Carrie Jones, in proper person.

Ashley Moody, Attorney General, and David Llanes, Assistant Attorney General, for appellee.

Before LOGUE, MILLER, and BOKOR, JJ.

PER CURIAM. Affirmed. See Kelley v. State, 309 So. 3d 306, 311 (Fla. 2d DCA 2020)

(“Because [appellant] was originally subject to the twenty-five-year

mandatory minimum sentence before she entered into the plea agreement

with the State, she was appropriately subject to it once her probation was

revoked.”); see also Foulks v. State, 306 So. 3d 1178, 1185 (Fla. 3d DCA

2020) (“[W]hen the State seeks to impose the [prison release reoffender

“PRR”] sentence and proves the PRR designation by a preponderance of

the evidence before resentencing an offender that was originally facing a

PRR sentence, the court is required to impose the minimum mandatory

sentence. . . . Aside from the fact that there is no basis in Florida law for a

permanent PRR waiver, [appellant’s] violation of probation would have

nullified the State’s waiver under traditional contract principles.”).