Scott v. State

I respectfully dissent from this court’s affirmance of the sentences that were imposed following the revocation of probation, awarded after new trial was granted, which were in excess of those imposed on the original convictions. In other respects I concur in the opinion and judgment.

By § 948.06 Fla.Stat., F.S.A., upon revocation of the probation the court was authorized to “impose any sentence which it might have originally imposed before placing the probationer on probation.”

In my view that statutory provision has relation to any sentence the court could have imposed at the time or the…