Ellis v. State

District Court of Appeal of Florida

Ellis v. State

471 So. 2d 640, 10 Fla. L. Weekly 1602, 1985 Fla. App. LEXIS 14818

CourtDistrict Court of Appeal of Florida

DecidedJune 25, 1985

DocketNo. 83-1795

StatusPublished

Cited by1 cases

This text of 471 So. 2d 640 (Ellis v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ellis v. State, 471 So. 2d 640, 10 Fla. L. Weekly 1602, 1985 Fla. App. LEXIS 14818 (Fla. Ct. App. 1985).

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Opinion

SCHWARTZ, Chief Judge.

We agree with Lollis v. State, 449 So.2d 430 (Fla. 2d DCA 1984) that the trial court lacks authority to revoke the community control portions of a Youthful Offender sentence for a breach — in this case, a burglary — of the supervision program which occurred prior to October 1, 1983, the effective date of Chapter 83-131, § 20, Laws of Florida. See Lane v. State, 470 So.2d 30 (Fla. 5th DCA 1985) (trial court had authority to revoke community control for post-October 1, 1983 violation, noting distinction with pre-October 1,1983 conduct) and cases cited; Moore v. State, 463 So.2d 406 (Fla. 3d DCA 1985) (same). On this basis, the sentences now under review in Cases 80-6004, 80-7504, and 80-12112 are vacated without prejudice to proceedings before the Parole and Probation Commission with respect to these charges.

There is no error, however, in revoking Ellis’s “adult” probation in Case 80-11738, even though it was not formally to commence until the conclusion of his Youthful Offender sentences, and therefore had not yet begun when the offense was committed. Stafford v. State, 455 So.2d 385 (Fla. 1984); Williamson v. State, 388 So.2d 1345 (Fla. 3d DCA 1980). Accordingly, the judgment and sentence in Case 80-11738 are affirmed.

Affirmed in part, vacated in part.

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SCHWARTZ, Chief Judge.

We agree with Lollis v. State, 449 So.2d 430 (Fla. 2d DCA 1984) that the trial court lacks authority to revoke the community control portions of a Youthful Offender sentence for a breach — in this case, a burglary — of the supervision program which occurred prior to October 1, 1983, the effective date of Chapter 83-131, § 20, Laws of Florida. See Lane v. State, 470 So.2d 30 (Fla. 5th DCA 1985) (trial court had authority to revoke community control for post-October 1, 1983 violation, noting distinction with pre-October 1,1983 conduct) and cases cited; Moore v. State, 463 So.2d 406 (Fla. 3d DCA 1985) (same). On this basis, the sentences now under review in Cases 80-6004, 80-7504, and 80-12112 are vacated without prejudice to proceedings before the Parole and Probation Commission with respect to these charges.

There is no error, however, in revoking Ellis’s “adult” probation in Case 80-11738, even though it was not formally to commence until the conclusion of his Youthful Offender sentences, and therefore had not yet begun when the offense was committed. Stafford v. State, 455 So.2d 385 (Fla. 1984); Williamson v. State, 388 So.2d 1345 (Fla. 3d DCA 1980). Accordingly, the judgment and sentence in Case 80-11738 are affirmed.

Affirmed in part, vacated in part.

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471 So. 2d 640, 10 Fla. L. Weekly 1602, 1985 Fla. App. LEXIS 14818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellis-v-state-fladistctapp-1985.

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