Legal Opinion

State v. Nazario

District Court of Appeal of Florida

Decided November 14, 2012No. 4D11-3075PublishedCited by 5 opinions

1Opinion of the CourtGerber, J.

The state appeals from the circuit court’s order placing the defendant on eighteen months of “administrative probation” immediately following her no contest plea to grand theft and the court’s withholding of adjudication. The state argues that the Department of Corrections, and not the court, is charged with transferring a defendant to administrative probation. We agree with the state and reverse.

“Probation is a creature of statute; thus, in imposing a probationary sentence, courts are limited to the authority given them by the relevant statutes.” State v. Coleman, 44 So.3d 1198, 1200 (Fla.…

2Cases cited2 opinions

  1. Madrigal v. StateDistrict Court of Appeal of Florida · 1996
  2. State v. ColemanDistrict Court of Appeal of Florida · 2010

3Cited by5 opinions

  1. Cadet v. StateDistrict Court of Appeal of Florida · 2019
  2. Cadet v. StateDistrict Court of Appeal of Florida · 2019
  3. STATE OF FLORIDA v. AKEEM THOMASDistrict Court of Appeal of Florida · 2018
  4. State v. ThomasDistrict Court of Appeal of Florida · 2018
  5. State v. ThomasDistrict Court of Appeal of Florida · 2018

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