Freddie Siplen v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2007 FREDDIE JAMES SIPLEN, Appellant, v. Case No. 5D07-1843 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed 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. PER CURIAM. 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, 32 Fla. L. Weekly D2493 (Fla. 5th DCA Oct. 19, 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. 2

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