Sentencing Upon Revocation of Probation in Florida

Authors

Lawrence A. Farese

Abstract

The Supreme Court of Florida held that a trial court is free to impose any sentence upon revocation of probation which it might have originally imposed despite the fact that the trial court had originally imposed a lesser sentence. In so doing, the court overruled the overwhelming weight of authority exhibited by the lower appellate courts. The author suggests that the defendant's constitutional protection against being twice placed in jeopardy for the same offense and his right to counsel may have been infringed upon in the process.

Recommended Citation

Lawrence A. Farese, Sentencing Upon Revocation of Probation in Florida, 30 U. Mia. L. Rev. 1063 (1976)
Available at: https://repository.law.miami.edu/umlr/vol30/iss4/11