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Appeal and Probation
My question involves criminal law for the state of: Florida
A defendant in FL was sentenced to 2 yrs community control followed by 10 yrs probation. The State filed an appeal stating the judge downward departed from sentencing guidelines without proper mitigating factors. Appellate court rules in favor of the State, case was sent back to sentencing judge for re-sentencing. A month before being re-sentenced, said defendant is arrested for Failure to Register, and also Violation of Probation for the new charge of failing to register. Is this defendant still on probation since the appellate court has issued mandate indicating he needs to be re-sentenced?
Thanks in advance for any insight.
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Re: Appeal and Probation
As I expect his lawyer has already told him, yes, he is.
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Re: Appeal and Probation
His lawyer hasn't told him that. Do you know where to find case law stating that he is? I've searched and can't find anything. His lawyer says he is in a grey area and even they aren't sure. Thanks!
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Re: Appeal and Probation
You can look for case law on sites like Google Scholar and the LexisNexis community.
Obviously he should be communicating with his lawyer.
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Re: Appeal and Probation
Thank you for the link. I will check it out. And he is communicating with his lawyer, as I am as well. They just have not been able to provide a cut and dry answer, because they are having to do research to find the answers. I am trying to do my own research as well, so I can try to prepare myself for what is to come. This is my husband, I am a stay at home mom, and we have two kids - so I need to know what to expect so that I can figure out how to support our family so we don't lose everything we have. Again.