JAMES WITT
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Duplicative adjudications of guilt entered after probation revocation are unauthorized and must be reversed, and a habitual felony offender designation and cost of prosecution fee must be corrected on remand.
[1] Duplicative adjudications of guilt entered after revocation of probation are unauthorized and must be reversed.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Duplicative adjudications of guilt after revocation of probation or community control are superfluous, are unauthorized, and can cause undue confusion in future proceedings.”
The court explained why it was reversing the unauthorized judgment entered after probation revocation.
James Witt's probation was revoked in case 2010-CF-1118, and the circuit court imposed a sentence that included a habitual felony offender designation…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Habitual Felony Offender cases and more on FLexlaw
PER CURIAM.
James Witt appeals the circuit court's order revoking his probation in case number 2010-CF-1118 and his resulting sentence. The State has conceded error in part. We accept the State's concession of error and reverse and remand in part, with instructions for the circuit court to enter an amended sentence that (1) strikes Mr. Witt's designation as a habitual felony offender and (2) imposes a corrected $100 cost of prosecution fee under section 938.27(8), Florida Statutes (2016).
Additionally, following revocation the circuit court entered a new judgment in 2010-CF-1118. "Duplicative adjudications of guilt after revocation of probation or community control are superfluous, are unauthorized, and can cause undue confusion in future proceedings." Butler v. State, 195 So. 3d 1147, 1148 (Fla. 2d DCA 2016); see also Pierce v. State, 150 So. 3d 1207, 1208-09 (Fla. 2d DCA 2014). Thus, we reverse the unauthorized judgment. We affirm the circuit court's order revoking Mr. Witt's probation and the resulting sentence in all other respects.
Affirmed in part, reversed in part, and remanded with instructions.
NORTHCUTT, BLACK, and LUCAS, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Butler v. State, 195 So. 3d 1147 (Fla. 2d DCA 2016)
- Pierce v. State, 150 So. 3d 1207 (Fla. 2d DCA 2014)