Summary
holding that the trial court erred in modifying the defendant's probationary sentence because the modification order was not entered within sixty days after sentencing
Summary of this case from Colvin v. StateOpinion
No. 5D07-1843.
November 30, 2007.
Appeal from the Circuit Court for Brevard County, Lisa Davidson, Judge.
James S. Purdy, Public Defender, and David S. Morgan, Assistant Public Defender, Daytona Beach, for Appellant.
Bill McCollum, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.
Appellant challenges the modification of his probationary sentence, which occurred fourteen months after the probationary sentence was imposed. The court modified Appellant's probation to include electronic monitoring, a mandatory condition of probation. Because the modification did not occur within sixty days after Appellant's sentencing, the modification was erroneous. Fields v. State, 968 So.2d 1032 (Fla. 5th DCA 2007); Kiriazes v. State, 798 So.2d 789 (Fla. 5th DCA 2001); Accordingly, we reverse with the direction that the added condition of probation be stricken.
REVERSED and REMANDED.
THOMPSON, TORPY and LAWSON, JJ., concur.