Viera v. State

Full title: Jorge Viera, Appellant, v. The State of Florida, Appellee.

Court: Third District Court of Appeal State of Florida

Date published: Apr 30, 2014

No. 3D14-625 (Fla. Dist. Ct. App. Apr. 30, 2014)

Opinion

No. 3D14-625 Lower Tribunal No. 11-6617

04-30-2014

Jorge Viera, Appellant, v. The State of Florida, Appellee.

Jorge Viera, in proper person. Pamela Jo Bondi, Attorney General, for appellee.

PER CURIAM

Not final until disposition of timely filed motion for rehearing.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Dava J. Tunis, Judge.

Jorge Viera, in proper person.

Pamela Jo Bondi, Attorney General, for appellee. Before WELLS, EMAS and SCALES, JJ.

PER CURIAM.

Affirmed. See § 948.06(2)(e), Fla. Stat. (2011) (providing that when a court revokes a defendant's community control it may "impose any sentence which it might have originally imposed before placing the. . . offender on probation or into community control."); cf. § 958.14, Fla. Stat. (2011) (providing that if a defendant was placed on community control as a youthful offender, upon revocation the court may not sentence the defendant to more than six years' imprisonment where the violation is technical or nonsubstantive); Dunbar v. State, 664 So. 2d 1093 (Fla. 2d DCA 1995) (applying section 958.14 and holding a defendant placed on probation as a youthful offender cannot be sentenced to more than six years' imprisonment following a revocation of probation based upon a technical violation).