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Ford v. State

District Court of Appeal of Florida, First District
Dec 19, 1989
553 So. 2d 1340 (Fla. Dist. Ct. App. 1989)

Opinion

No. 89-857.

December 19, 1989.

An Appeal from the Circuit Court for Nassau County; Henry Lee Adams, Judge.

Brian Morrissey, Asst. Public Defender, Fernandina Beach, for appellant.

Carolyn J. Mosley, Asst. Atty. Gen., Tallahassee, for appellee.


Resverd Ford appeals a revocation of his probation, which followed a modified term of community control; the adjudication of guilt on two counts of burglary, and the sentence imposed thereon. He contends the trial court erred in modifying and enhancing the conditions of his original community control based solely on a written agreement between him and his probation officer in lieu of complying with § 948.06, Fla. Stat. We agree and reverse.

The facts and issues in this case are the same or very similar to the facts and issues in the case of Holcombe v. State, 553 So.2d 1337 (Fla. 1st DCA 1989), which was decided this same date, except Ford did not admit he violated his community control. For the reasons stated in Holcombe, the modified order of community control, the order revoking probation, the adjudication of guilt, and the sentence imposed are vacated and the cause is remanded for further proceedings consistent with this opinion.

For the reasons stated in Holcombe we certify as a question of great public importance the following:

DOES § 948.06, FLA. STAT., PROVIDE THE SOLE MEANS BY WHICH A PROBATIONARY OR COMMUNITY CONTROL TERM MAY BE MODIFIED? IF NOT, MAY THE COURT ENTER AN ORDER MODIFYING PROBATION OR COMMUNITY CONTROL BY IMPOSING ADDITIONAL TERMS OR CONDITIONS BASED SOLELY ON A WRITTEN AGREEMENT AND WAIVER BY THE PROBATIONER MADE OUT OF COURT, WITHOUT HEARING, APPEARANCE OF THE PROBATIONER BEFORE THE COURT, AND PRESENCE OF COUNSEL?

SMITH and MINER, JJ., concur.


Summaries of

Ford v. State

District Court of Appeal of Florida, First District
Dec 19, 1989
553 So. 2d 1340 (Fla. Dist. Ct. App. 1989)
Case details for

Ford v. State

Case Details

Full title:RESVERD FORD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Dec 19, 1989

Citations

553 So. 2d 1340 (Fla. Dist. Ct. App. 1989)

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