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Benjamin GIPSON, Appellant, v. STATE of Florida, Appellee. No. 4D06-4635

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District Court of Appeal of Florida, Fourth District. Benjamin GIPSON, Appellant, v. STATE of Florida, Appellee. No. 4D06-4635. Jan. 7, 2009. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Jeffrey R. Levenson, Judge; L.T. Case No. 97-24148 CF10B. Carey Haughwout, Public Defender, and Christine C. Geraghty, Assistant Public Defender, West Palm Beach, for appellant. Bill McCollum, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee. FARMER, J. *1 Defendant appeals an order denying his motion for relief from an illegal sentence. The sentence in question arose from an order revoking probation and sentencing him to 10 years in prison. His principal contention is that under the plea agreement for the underlying conviction, his probation had terminated before the alleged violation and, consequently, the court lacked jurisdiction to revoke probation, making the sentence illegal...continue to full post

Full post as published by Florida Criminal Law Opinions on January 07, 2009 (boomark / email).