CARRIE JONES v. THE STATE OF FLORIDA

Third District Court of Appeal
State of Florida
Opinion filed April 12, 2023.
Not final until disposition of timely filed motion for rehearing.
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No. 3D22-1667
Lower Tribunal Nos. F12-27087, & F13-2506
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Carrie Jones,
Appellant,
vs.
The State of Florida,
Appellee.
An appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from
the Circuit Court for Miami-Dade County, Carmen Cabarga, Judge.
Carrie Jones, in proper person.
Ashley Moody, Attorney General, and David Llanes, Assistant Attorney
General, for appellee.
Before LOGUE, MILLER, and BOKOR, JJ.
PER CURIAM.
Affirmed. See Kelley v. State, 309 So. 3d 306, 311 (Fla. 2d DCA 2020)
(“Because [appellant] was originally subject to the twenty-five-year
mandatory minimum sentence before she entered into the plea agreement
with the State, she was appropriately subject to it once her probation was
revoked.”); see also Foulks v. State, 306 So. 3d 1178, 1185 (Fla. 3d DCA
2020) (“[W]hen the State seeks to impose the [prison release reoffender
“PRR”] sentence and proves the PRR designation by a preponderance of
the evidence before resentencing an offender that was originally facing a
PRR sentence, the court is required to impose the minimum mandatory
sentence. . . . Aside from the fact that there is no basis in Florida law for a
permanent PRR waiver, [appellant’s] violation of probation would have
nullified the State’s waiver under traditional contract principles.”).
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