Ramon Diaz v. the State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledAugust 26, 2020
Docket3D19-1730
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed August 26, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-1730
Lower Tribunal No. 10-32697
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Ramon Diaz,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Miguel M. de la
O, Judge.
Carlos J. Martinez, Public Defender, and Deborah Prager, Assistant Public
Defender, for appellant.
Ashley Moody, Attorney General, and Ivy R. Ginsberg, Assistant Attorney
General, for appellee.
Before EMAS, C.J., and HENDON and GORDO, JJ.
PER CURIAM.
Affirmed. See § 948.06(1)(g), Fla. Stat. (2017) (providing in pertinent part:
“Upon the filing of an affidavit alleging a violation of probation or community
control and following issuance of a warrant for such violation, a warrantless arrest
under this section, or a notice to appear under this section, the probationary period
is tolled until the court enters a ruling on the violation. Notwithstanding the tolling
of probation, the court shall retain jurisdiction over the offender for any violation of
the conditions of probation or community control that is alleged to have occurred
during the tolling period.”); § 948.06(2)(g), Fla. Stat. (2017) (providing:
“Notwithstanding s. 775.082, when a period of probation or community control has
been tolled, upon revocation or modification of the probation or community control,
the court may impose a sanction with a term that when combined with the amount
of supervision served and tolled, exceeds the term permissible pursuant to s. 775.082
for a term up to the amount of the tolled period of supervision.”)
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