Florida/Georgia Personal Injury & Workers Compensation

...(3) The Circuit Court may at any time cause the Appellant to appear before it to be admonished or commended, and may discharge him from further supervision when satisfied that its action will be for the best interests of justice and the welfare of society (F.S. § 948.05, F.S.A.)....

...Sack, Miami, for appellant. Jim Smith, Atty. Gen. and Steven L. Bolotin, Asst. Atty. Gen., for appellee. Before HENDRY and SCHWARTZ, JJ., and VANN, HAROLD R. (Ret.), Associate Judge. SCHWARTZ, Judge. The defendant has appealed an order denying his motion, filed pursuant to Section 948.05, Fla. Stat. (1977), for early termination of a ten-year period of probation which had been previously and lawfully imposed. Since the authority conferred upon the court by Section 948.05 is entirely a matter of grace, we hold that an order denying that relief is non-appealable....

...Corrections of its authority to recommend early termination of probation. § 948.04(3), Fla. Stat. (1991). Moreover, a trial judge is not empowered to prevent the circuit court in the future from exercising its authority to discharge a probationer. § 948.05, Fla....

...Corrections of its authority to recommend early termination of probation. S. 948.04(3), Fla. Stat. (1991). Moreover, a trial judge is not empowered to prevent the circuit court in the future from exercising its authority to discharge a probationer. S. 948.05, Fla. Stat. (1991). Section 948.05 provides that a probationer may be brought before the court at any time to be "admonished or commended," and if it is in the best interests of justice and the welfare of society, the probationer may be discharged from further supervision....

...State, 380 So.2d 564, 564 (Fla. 3d DCA 1980). In Ziegler, the defendant appealed an order denying his motion for early termination of a ten-year period of probation. See id. The third district dismissed the appeal and stated Since the authority conferred upon the court by Section 948.05 [1] is entirely a matter of grace, we hold that an order denying that relief is non-appealable.......

...We therefore affirm the order requiring appellant to register as a convicted felon and dismiss that portion of the appeal directed at the trial court's refusal to terminate probation. KLEIN, J., and FINE, EDWARD H., Associate Judge, concur. NOTES [1] Section 948.05(1999), provides: Court to admonish or commend probationer or offender in community control.—A court may at any time cause a probationer or offender in community control to appear before it to be admonished or commended, and, when sati...

...f guilt. Section 940.05, Florida Statutes (1983) is the only provision governing the restoration of civil rights to a convicted felon, and limits the power to do so to the Governor and the Board of Pardons after expiration of the sentence. Likewise, Section 948.05 gives the trial judge the power to prematurely terminate probation, but does not permit of withdrawal of adjudication....

...Obviously and understandably, the trial judge had sympathy for this woman, who told him that she was being excluded from certain jobs because of her status as a convicted felon. However, her response to the petition filed herein cites no authority except Section 948.05, already discussed, and Section 948.01 which latter section delineates when a court may place a defendant on probation, but makes no mention of vacating an adjudication to remove the stigma of guilt....

...Even though mistaken, such assumption was not unsubstantial, and the trial Judge might want to consider this factor after remand, which, under the probation law, he would have the right to do at *57 any time during the probationary period. F.S. Sec. 948.05, F.S.A....

...We think the point is well taken, although we did not have in mind that, once the probation is definitely revoked and the probationer starts serving his sentence, he is thereafter subject to probation by the trial Judge. Such is not the case under F.S. § 948.05, F.S.A....

...§ 948.04(3), Fla. Stat. (1993). This is impermissible, and, as stated in Baker v. State, 619 So.2d 411, 412 (Fla. 2d DCA 1993), "a trial judge is not empowered to prevent the circuit court in the future from exercising its authority to discharge a probationer. § 948.05, Fla....

...First, the order is not appealable because trial courts have unbridled discretion to decide whether or not to terminate a defendant’s probation early. See Ziegler v. State, 380 So.2d 564 (Fla. 3d DCA 1980) (“Since the authority [to terminate probation early] conferred on the court by section 948.05 is entirely a matter of grace, we hold that an order denying that relief is non-appealable,”)....

...of Corrections [(DOC)], the circuit court granted her motion and terminated her probation as requested. Id. at 33-34. LaFave’s Motion At the hearing on LaFave’s Motion to Terminate Probation, LaFave argued that under section 948.05, Florida Statutes (2011), the trial court has inherent jurisdiction to hear the motion and to reward defendants based on their successful completion, or substantial completion, of such strict probationary and community control terms, regardless of what the parties may have agreed to....

...Even so, she argues that she should not be held to honor her part of the bargain. She contends that the State is not entitled to relief because it cannot prove that there was an inherent illegality or irregularity that resulted in a gross miscarriage of justice. Her position is that section 948.05, Florida Statutes (2003), allowed the circuit court to terminate her probation early and that the court therefore did not depart from the essential requirements of the law. Section 948.05 provides that [a] court may at any time cause a probationer or offender in community control to appear before it to be admonished or commended, and, when satisfied that its action will be for the best interests of justice and the welfare of society, it may discharge the probationer or offender in *38 community control from further supervision. (Emphasis added.) But while section 948.05 generally provides circuit courts with that authority, a key factor in this case is the fact that LaFave accepted the benefits of a very favorable negotiated plea agreement that expressly prohibited early termination of probation....

...because such provisions divest the Department of Corrections (DOC) of its authority to recommend early termination pursuant to section 948.04(3) and such provisions prevent future courts from exercising discretion to discharge defendants pursuant to section 948.05....

...619 So.2d at 412 ; Arriaga, 666 So.2d at 949 . Jones, 666 So.2d at 192 , however, is silent on the issue. 3 iii. LaFave is bound by the “no early termination” provision of her negotiated plea agreement. LaFave argues that sections 948.04(3) and 948.05 specifically preclude “no early termination” provisions from being binding, citing Clark v....

...Thus, a defendant cannot later collaterally attack his own negotiated sentence. Id. at 887 . Applying Carson to the facts of this case demonstrates that the State’s inclusion of the “no early termination” provision did not violate sections 948.04(3) and 948.05....

...Further, the court may at any time cause an offender in community control to appear before it to be admonished or commended, and when satisfied that its actions are in the community's best interests, the court may discharge the offender from further supervision. Section 948.05 , F.S., as amended by s 19, Ch....

...e relaxed later. The courts appear to have that authority in implementing community control; s 948.03 (4), as amended by Ch. 83-131, specifically gives the courts the authority to modify or rescind community control orders; see also , ss 948.01 (7), 948.05 , 948.06 ; and s 947.23 (6)(c), F.S....

...ion to extend or modify probation following a violation) (citations omitted); State v. M.R.T., 848 So.2d 467, 467 (Fla. 5th DCA 2003) (finding that a trial court has discretion to exercise jurisdiction and terminate probation at any time pursuant to section 948.05, Florida Statutes)....

...(2005); Swedish v. State, 724 So.2d 640, 640 (Fla. 2d DCA 1999); Baker v. State, 619 So.2d 411, 412 (Fla. 2d DCA 1993). Additionally, the trial court may not prevent the circuit court from exercising its discretion to discharge Mr. Murphy in the future. See § 948.05, Fla....

...[1] Reversed and remanded to reinstate Appellant's non-reporting probation. DELL, C.J., and KLEIN, J., concur. NOTES [1] However, it is clear that section 948.03(5) does provide for rescission and modification of the terms and conditions of probation by the court at any time, and section 948.05 does authorize the court to discharge a probationer.

...filed a timely notice of appeal on October 23, 2002. On March 6, 2003, while M.R.T.’s appeal was pending, the trial court granted M.R.T.’s motion to terminate probation. The authority conferred upon the trial court to terminate probation is a matter of grace. § 948.05, Fla....

...n the supervision period. See § 948.04(3), Fla. Stat. (2016) (authorizing “the Department of Corrections [to] recommend early termination of probation to the court at any time” when the probationer has met certain criteria (emphasis supplied)); § 948.05, Fla....

...Moreover, the distinction drawn by the State between the statutory provisions applicable to adults subject to probation versus those that apply to juveniles is unavailing 3 because both chapters 948 and 985 permit the trial court to terminate probation early. Compare § 948.05, Fla....

trial court acted within its discretion under Section 948.05, Florida Statutes (1995), in converting a portion

...motion, and Velazquez renewed her motion for early termination. The court denied the renewed motion without explanation, which Velazquez now appeals.  We dismiss the appeal because an order denying early termination of probation is not an appealable order. Section 948.05, Florida Statutes (2018), grants a trial court the authority to grant a probationer early termination of supervision. Arriaga v. State, 666 So. 2d 949, 950 (Fla. 4th DCA 1996) (“[Section 948.05] requires the court to respond to the facts and circumstances that develop during the term of probation....

...on probation for over six years. She had paid the restitution in full. She had paid all costs and fees that had been ordered. She had never violated probation. The prosecutor said that appellant had no other prior offenses. The stated legislative intent behind section 948.05 is to incentivize probationers, to “promote compliance with the terms of supervision.” § 948.05(2), Fla....

...tion on its merits and apparently found that “case law clearly prohibits” the trial court from terminating probation where the defendant enters into a plea agreement with the State. We hold that a trial court maintains its discretion pursuant to section 948.05, Florida Statutes (2015), to grant a motion to terminate probation where the defendant is sentenced pursuant to a plea agreement....

...Enea filed a motion for reconsideration, stating that “Howell is distinguishable from the instant case because [Enea] is not seeking a modification of his sentence but rather is seeking an early termination of his probation, which is expressly authorized by Section 948.05, Florida Statutes.” Section 948.05 provides: A court may at any time cause a probationer or offender in community control *221 to appear before it to be admonished or commended, and, when satisfied that its action will be for the best interests of justice and the welfare of society, it may discharge the probationer or offender in community control from further supervision. § 948.05, Fla....

...orari, seeking to quash the trial court’s order denying his motion to terminate probation. As an initial matter, we address our jurisdiction to address the petition. Normally, a trial court’s denial of a motion to terminate probation pursuant to section 948.05 is non-appealable because the trial court’s authority under that statute is “entirely a matter of grace.” Ziegler v....

...Further, there is a qualitative ■ difference between a modification of probation and a termination of probation. Whereas Florida Rule of Criminal Procedure 3.800(c) creates a procedure by which the trial court may reduce or modify a legal sentence imposed by it within 60 days, section 948.05, Florida Statutes, provides the court with statutory authority to discharge the probationer when it is “satisfied that its action will be for the best interests of justice and the welfare of society.” § 948.05, Fla. Stat. (2015); see also Arriaga v. State, 666 So.2d 949, 950 (Fla. 4th DCA 1996) (“[Section 948.05] requires the court to respond to the facts and circumstances that develop during the term of probation....

...arly termination be considered.”); Baker v. State, 619 So.2d 411, 412 (Fla. 2d DCA 1993) (stating that “a trial judge is not empowered to prevent the circuit court in the future from exercising its authority to discharge a probationer” (citing § 948.05, Fla. Stat. (1991))). Here, the State professionally concedes that the trial court retained its authority to terminate probation pursuant to section 948.05, Florida Statutes, notwithstanding the fact that Enea was sentenced pursuant to his plea agreement....

of a no early termination provision violates section 948.05, Florida Statutes. See, e.g., Arriaga v. State