STEVEN PHILLIP BALLOW
v.
STATE OF FLORIDA
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A trial court may modify probation terms at any time pursuant to section 948.03, Florida Statutes, and cannot dismiss a modification motion based on the time limitations in Florida Rule of Criminal Procedure 3.800(c).
[1] Section 948.03, Florida Statutes, grants trial courts authority to modify probation terms at any time, and this authority is not subject to the time limitations imposed b…
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Section 948.03(2), Florida Statutes, describing the trial court's authority over probation modification
Ballow sought modification of his fifteen-year probation, requesting either termination or reduction and transfer from Citrus to Pinellas County. The …
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
STEVEN PHILLIP BALLOW, Petitioner, v. Case No. 5D20-267 STATE OF FLORIDA, Respondent. ________________________________/ Opinion filed November 6, 2020 Petition for Certiorari Review of Order from the Circuit Court for Citrus County, Richard A. Howard, Judge. Steven Phillip Ballow, Lowell, pro se. Ashley Moody, Attorney General, Tallahassee, and Richard A. Pallas, Jr., Assistant Attorney General, Daytona Beach, for Respondent.
WALLIS, J.
Petitioner, Steven Phillip Ballow, seeks certiorari review of the trial court's dismissal of his Motion for Modification of Terms and Conditions of Probation (the motion). We agree with Petitioner that the trial court's ruling departs from the essential requirements of the law, and therefore, grant the petition.
2 In the motion, Petitioner requested a modification of his probation pursuant to section 948.03, Florida Statutes (2018). Specifically, Petitioner requested a termination or reduction of his fifteen-year probation and to transfer his probation from Citrus to Pinellas County. The trial court dismissed the motion, reasoning that it lacked jurisdiction based on the time limitation presented in Florida Rule of Criminal Procedure 3.800(c). Section 948.03 permits a trial court to "rescind or modify at any time the terms and conditions theretofore imposed by it upon the probationer." § 948.03(2), Fla. Stat. (emphasis added); see Gearhart v. State, 885 So. 2d 415, 417 (Fla. 5th DCA 2004) ("Case law recognizes that a trial court may, pursuant to section 948.03(6), Florida Statutes, at any time . . . modify any probation conditions . . . ."). Because the motion sought a modification pursuant to section 948.03, the trial court departed from the essential requirements of the law by relying on rule 3.800(c) to dismiss the motion. See Enea v. State, 171 So. 3d 219, 221 (Fla. 5th DCA 2015) (holding the trial court departed from the essential requirements of the law by relying on rule 3.800(c) to dismiss defendant's motion to terminate probation when the trial court retained authority to consider the motion pursuant to chapter 948, Florida Statutes). Therefore, we grant the petition and remand for the trial court to consider the merits of the motion.1 EVANDER, C.J., and HARRIS, J., concur.1 We express no opinion on the merits of Petitioner's motion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Gearhart v. State, 885 So. 2d 415 (Fla. 5th DCA 2004)
- Enea v. State, 171 So. 3d 219 (Fla. 5th DCA 2015)