Gerber v. State

856 So.2d 1113 (2003)

Gary GERBER, Appellant,

v.

STATE of Florida, Appellee.

No. 4D02-3541.

District Court of Appeal of Florida, Fourth District.

October 22, 2003.

Cindy E. D'Agostino and Barbara J. Scheffer, Palm Beach Gardens, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.

POLEN, J.

This appeal questions the propriety of a trial court modifying the terms of probation nine years after the sentence was imposed, in the absence of any allegation the appellant violated probation. For the reasons stated,…