780 So. 2d 148 | Fla. Dist. Ct. App. | 2000
The State disputes the dismissal of a charge against Theartis Daniels on the ground that its prosecution would violate the prohibition against double jeopardy. We reverse.
In August 1996, Daniels pleaded guilty in three cases and was placed on community control, followed by probation. In December 1998, he was charged with a new offense, possession of cocaine with the intent to sell or deliver. The State filed an affidavit asserting that the new charge was a violation of Daniels’ probation in the earlier cases. The court held a probation revocation hearing at which it determined
Dixon does not apply to these facts. In that case, a court found that Dixon had violated a bail release condition by possessing cocaine. The court adjudicated him guilty of criminal contempt and sentenced him to jail. Applying the Blockburger
A probation revocation is a deferred sentencing for a previously-committed offense. See Green v. State, 463 So.2d 1139 (Fla.1985). Because the proceeding does not subject the defendant to conviction or punishment for his neio offense, the double jeopardy prohibition is not implicated. See Green; State v. Justice, 451 So.2d 1056 (Fla. 2d DCA 1984). We reverse the order dismissing the charge of possession of cocaine with the intent to sell or deliver, and remand for reinstatement of the charge and further proceedings.
. Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932).