BROCK v. STATE (2024)

Appellant, Randall Brock, appeals from an order of revocation of probation. The State correctly concedes error on the limited basis that the trial court failed to make findings as to whether Brock, as a violent felony offender of special concern, posed a danger to the community when imposing Brock's sentence of thirty-six months in prison. See § 948.06(8)(e), Fla. Stat. (2023); see also Barber v. State, 207 So. 3d 379, 383–85 (Fla. 5th DCA 2016). Accordingly, we reverse and remand with instructions for the trial court to make the required findings as to whether Brock poses a danger to the community and to resentence him accordingly.¹ See Singh v. State, 135 So. 3d 1136, 1136–37 (Fla. 5th DCA 2014); see also Barber, 207 So. 3d at 385. In all other respects, we affirm the revocation of probation order.

Affirmed in part; Reversed in part; Remanded with instructions.

FOOTNOTES

1.   Typically, upon making a finding that a violent felony offender of special concern poses a danger to the community, the trial court would be required to revoke that defendant's probation and sentence him or her up to, or beyond, the statutory maximum, as permitted by law. See § 948.06(8)(e)2.a. However, because the trial court previously sentenced Brock to thirty-six months in prison, while it may again impose that sentence, it may not impose a sentence exceeding thirty-six months in prison. See Singh, 135 So. 3d at 1137 n.1.

Per Curiam.

Lambert, Kilbane, and MacIver, JJ., concur.