Help with Appeal and Probation!

[dsjk2010]

What is the name of your state (only U.S. law)? 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?What is the name of your state (only U.S. law)?

 

[Proserpina]

What is the name of your state (only U.S. law)? 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?What is the name of your state (only U.S. law)?

What did defendant's attorney say when asked this question?

 

[dsjk2010]

Attorney said they would have to research case laws. I was hoping that maybe someone here had run into the same or similar situation...

 

[Proserpina]

Attorney said they would have to research case laws. I was hoping that maybe someone here had run into the same or similar situation...

Highly unlikely.

Defendant's attorney knows the case. We do not.

 

[dsjk2010]

Highly unlikely.

Defendant's attorney knows the case. We do not.

Well, forgive me for asking law advice on a law advice forum.

 

[!CuriousGeorge!]

Well, forgive me for asking law advice on a law advice forum.

Your forgiven. Why would someone post a reply that does not answer your question in the first place??!!??

It is likely that the new issues are correct. Was this a sexual registration requirement?

 

[dsjk2010]

Your forgiven. Why would someone post a reply that does not answer your question in the first place??!!??

It is likely that the new issues are correct. Was this a sexual registration requirement?

Yes, it is a sex offender registration requirement. His attorneys believe that he may not be on probation since the mandate from the appeals court was issued approximately 2 months before the arrest for failing to register (which was an honest mistake) resulting in the VOP. This type of situation doesn't happen often so they aren't really sure what will happen. He had already completed 2 yrs of community control and was almost done with the first of 10 yrs of probation. He was still monitored by ankle bracelet, so even though he forgot to register by the end of the month, they knew exactly where he was on the 1st day of the next month to pick him up and can tell that he has not been to places he shouldn't have been.