CHARLES OWENS v. STATE OF FLORIDA
Annotate this Case
Download PDF
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CHARLES OWENS, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v. CASE NO. 1D04-2122 STATE OF FLORIDA, Appellee. ___________________________/ Opinion filed September 8, 2005. An appeal from the Circuit Court for Okaloosa County, Judge Thomas T. Remington. Nancy A. Daniels, Public Defender; P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant. Charlie Crist, Attorney General; Sheron Wells, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. The appellant challenges the revocation of his probation and the sentence imposed as a result. Because it is not clear that the trial court retained jurisdiction to revoke the appellant s probation imposed for his misdemeanor conviction for possession of drug paraphernalia, we reverse and remand for further proceedings. The appellant pled no contest to possession of a controlled substance, cocaine, and possession of drug paraphernalia and was sentenced to three years probation for possession of cocaine and one year of probation for possession of drug paraphernalia. He subsequently admitted violating the terms of his probation, and he was sentenced to 24 months imprisonment, which included a concurrent jail term for the misdemeanor conviction of 11 months and 29 days. However, based on the record on appeal, it appears that the trial court lacked jurisdiction to revoke the appellant s probation for the misdemeanor charge. See Aponte v. State, 896 So. 2d 836 (Fla. 1st DCA 2005). Although the state suggests that the appellant s probationary term may have been tolled while the appellant was incarcerated on an unrelated charge and absconded, ยง 948.06(1), Fla. Stat. (2001), an evidentiary hearing is required to establish that determination. Accordingly, we affirm the revocation of the appellant s probation and the sentence imposed for possession of cocaine but reverse the sentence for the misdemeanor conviction and remand the case to the trial court to determine the status of its jurisdiction. AFFIRMED IN PART, REVERSED IN PART and REMANDED. BENTON, POLSTON, AND HAWKES, JJ., CONCUR. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
