Kamilia S. Briggs v. State
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED KAMILIA SHEBRE BRIGGS, Appellant, v. Case No. 5D13-3722 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed September 26, 2014 Appeal from the Circuit Court for Volusia County, Frank Marriott, Judge. James S. Purdy, Public Defender, and Frank W. Scott, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Kamilia Briggs appeals her probation order modifying No Violent Contact to No Contact as a violation of double jeopardy. Appellant pled to felony battery against Domisha Collins. She was sentenced to probation with the standard term to have no contact with Collins, but, upon motion, the court changed this to "no violent contact." Problems between Appellant and Collins continued, and two violation of probation charges were subsequently filed. The first was dismissed by the State and the second was dismissed by the court. Perhaps in order to protect Collins, the court sua sponte modified the terms of probation to reinstate the standard term of no contact. Appellant claims the court violated her double jeopardy rights by increasing her penalty by modifying her sentence. We reluctantly agree. REVERSED TORPY, C.J., PALMER, J., and HARRIS, C. M., Senior Judge, concur. 2
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