Filed: Feb. 23, 2018
Latest Update: Mar. 03, 2020
Summary: NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ROGER W. STUMP, ) ) Appellant, ) ) v. ) Case No. 2D17-2408 ) STATE OF FLORIDA, ) ) Appellee. ) _) Opinion filed February 23, 2018. Appeal from the Circuit Court for Polk County; Kelly P. Butz, Judge. Howard L. Dimmig, II, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for App
Summary: NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ROGER W. STUMP, ) ) Appellant, ) ) v. ) Case No. 2D17-2408 ) STATE OF FLORIDA, ) ) Appellee. ) _) Opinion filed February 23, 2018. Appeal from the Circuit Court for Polk County; Kelly P. Butz, Judge. Howard L. Dimmig, II, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appe..
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
ROGER W. STUMP, )
)
Appellant, )
)
v. ) Case No. 2D17-2408
)
STATE OF FLORIDA, )
)
Appellee. )
___________________________________)
Opinion filed February 23, 2018.
Appeal from the Circuit Court for Polk
County; Kelly P. Butz, Judge.
Howard L. Dimmig, II, Public Defender,
and Megan Olson, Assistant Public
Defender, Bartow, for Appellant.
Pamela Jo Bondi, Attorney General,
Tallahassee, for Appellee.
SILBERMAN, Judge.
In this appeal pursuant to Anders v. California,
386 U.S. 738 (1967),
Roger W. Stump appeals the order that revokes his sexual offender probation after an
evidentiary hearing and the resulting concurrent sentences for twenty-six counts of
possession of child pornography. We affirm in all respects except as to count one.
Stump was placed on two years of sexual offender community control on
count one in 2011. When the affidavit of violation of probation was filed in 2016, he had
completed his community control on count one and was serving sexual offender
probation on other counts. Because he had already completed his sentence on count
one, the trial court did not have jurisdiction to impose a new sentence on that count.
See Deal v. State,
162 So. 3d 282, 282 (Fla. 2d DCA 2015) (stating that "the trial court
lacked jurisdiction to impose new sentences on the counts for which Mr. Deal had
completed his probationary sentences"). Therefore, we reverse the sentence on count
one and direct the trial court to enter an order vacating the sentence and to modify the
revocation order to reflect this change. See
id. In all other respects we affirm.
Affirmed in part, reversed in part, and remanded.
NORTHCUTT and MORRIS, JJ., Concur.
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