final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; Barbara A. McCarthy, Judge; L.T. Case No.
Weinberg, West Palm Beach, for appellant.
Moody, Attorney General, Tallahassee, and James J. Carney,
Senior Assistant Attorney General, West Palm Beach, for
Velazquez appeals the court's order denying her renewed
motion for early termination of probation. When Velazquez
pleaded no contest to grand theft in 2012, the original
sentencing judge withheld adjudication, placed her on ten
years of probation, and ordered her to pay $28, 750.68 in
restitution. In 2018, she moved for early termination of
probation, arguing that she had paid the full amount of
restitution and had not violated her probation.
successor court held a hearing on Velazquez's motion and
took the matter under advisement, stating that it
"need[ed]" the scoresheet before it could rule on
the motion, and it "want[ed] to look at the file."
months after the hearing, the court still had not decided the
motion, and Velazquez renewed her motion for early
termination. The court denied the renewed motion without
explanation, which Velazquez now appeals.
dismiss the appeal because an order denying early termination
of probation is not an appealable order.
948.05, Florida Statutes (2018), grants a trial court the
authority to grant a probationer early termination of
supervision. Arriaga v. State, 666 So.2d 949, 950
(Fla. 4th DCA 1996) ("[Section 948.05] requires the
court to respond to the facts and circumstances that develop
during the term of probation. If the probationer has
fulfilled his obligations and has been a 'model
probationer,' the interests of justice (not to mention
the wise allocation of scarce resources) may require that
early termination be considered.").
that authority is "a matter of grace," and a
court's refusal to exercise it is not appealable.
Burgos v. State, 765 So.2d 967, 969 (Fla. 4th DCA
2000) (quoting Ziegler v. State, 380 So.2d 564, 564
(Fla. 3d DCA 1980)); see also Johnston v. State, 202
So.3d 976, 976 (Fla. 1st DCA 2016).
that an appeal of an order denying a request to release a
probationer from supervision has been treated as a petition
for writ of certiorari. Enea v. State, 171 So.3d
219, 221 (Fla. 5th DCA 2015); cf. Wesner v. State,
843 So.2d 1039, 1039-40 (Fla. 2d DCA 2003) (treating appeal
of order denying motion for modification of probation as
petition for writ of certiorari). But in Enea, the
circuit court was under the mistaken belief that it was
prohibited from granting early termination. 171 So.3d at
221-22 (granting petition and remanding for court to consider
merits of motion to terminate probation); cf.
Wesner, 843 So.3d at 1040 ("Because the basis of
the trial court's denial was its mistaken belief that it
did not have the legal authority to consider the motion, we
treat this appeal as a petition for writ of certiorari and
grant the petition.").
the court recognized its authority but denied the request to
grant early termination of supervision. That order is not