RANDALL MACKENZIE BROCK
v.
STATE OF FLORIDA
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A trial court must make explicit findings as to whether a violent felony offender of special concern poses a danger to the community before imposing a sentence upon revocation of probation.
[1] A trial court must make explicit findings regarding whether a violent felony offender of special concern poses a danger to the community before imposing or revising a sen…
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Join FLexlaw to unlock all legal intelligenceRandall Brock's probation was revoked and he was sentenced to thirty-six months in prison. The trial court did not make findings regarding whether Bro…
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FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________ Case No. 5D2023-1905 LT Case No. 2021-CF-000502 _____________________________ RANDALL MACKENZIE BROCK, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________ On appeal from the Circuit Court for Putnam County. James R. Clayton, Judge. Matthew J. Metz, Public Defender, and Natalie R. Gossett, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee. August 23, 2024
PER CURIAM.
Appellant, Randall Brock, appeals from an order of revocation of probation. The State correctly concedes error on the limited basis that the trial court failed to make findings as to whether Brock, as a violent felony offender of special concern, posed a danger to the community when imposing Brock’s sentence of thirty-six months in prison. See § 948.06(8)(e), Fla. Stat. (2023);
AFFIRMED in part; REVERSED in part; REMANDED with instructions.
LAMBERT, KILBANE, and MACIVER, JJ., concur.
1 Typically, upon making a finding that a violent felony offender of special concern poses a danger to the community, the trial court would be required to revoke that defendant’s probation and sentence him or her up to, or beyond, the statutory maximum, as permitted by law. See § 948.06(8)(e)2.a. However, because the trial court previously sentenced Brock to thirty-six months in prison, while it may again impose that sentence, it may not impose a sentence exceeding thirty-six months in prison. See Singh, 135 So. 3d at 1137 n.1.
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- Linville v. State, 207 So. 3d 379 (Fla. 5th DCA 2016)
- Robida v. State, 135 So. 3d 1136 (Fla. 5th DCA 2014)