STATE v. VALERA

No. 4D10-486.

75 So.3d 330 (2011)

STATE of Florida, Appellant, v. Rolando VALERA, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 29, 2011.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Mark J. Hamel , Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout , Public Defender, and Narine N. Austin , West Palm Beach, for appellee.


LEVINE, J.

In this case we are confronted with the issue of whether the trial court, which has terminated appellee's probation unsuccessfully, is required to sentence appellee to at least the minimum sentence the court would have originally imposed before placing appellee on probation. We find the trial court erred when it terminated appellee's probation and released him from custody instead of sentencing him to at least a three-year minimum mandatory sentence.

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