IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT
IN AND FOR VOLUSIA COUNTY, FLORIDA
MOTION FOR POST-CONVICTION RELIEF
COMES NOW, Defendant Brooks Mitchell, pro se; and pursuant to Section 948.04 of Florida Statutes (2010), requests this Court to modify the conditions of his probation. As grounds for this motion, the Defendant states that he has already served 251 days of probation after a plea deal was agreed on. In support thereof, Defendant states the following:
It is trite law that the court may rescind or modify at any time of the terms and conditions theretofore imposed by the court upon the probationer. See Bernhardt v. State, 288 So.2d 490.
Defendant was convicted and sentenced by this Court on or about January 28, 2020. Consequently, Defendant was released from jail on or about May 1, 2021. After being released, Defendant has to serve 24 months of supervised probation until April 30, 2023.
Defendant avers that he has already served 251 days for the same case and charge. Notably, Defendant was under probation supervision in Duval County from September 29, 2016 until June 6, 2017.
It is worth noting that the State entered a plea deal with Defendant. It is also notable that Defendant never violated any term in the probation.
However, on or about June 6, 2017, the State vacated the plea deal and has failed to honor its part of the bargain under the said plea deal. Defendant therefore files this Motion seeking leave for this Court to credit the 251 days in which the Defendant was under supervision.
CONCLUSION
In light of the foregoing, Defendant prays this Court to issue an Order crediting Defendant’s probation by the 251 days that Defendant has already served. Defendant also prays for any other Order this Court deems just.
Respectfully submitted this _______________ day of ______________, 2022
OATH
Under penalties of perjury, I Brooks Mitchell declare that I have read the foregoing motion and that the facts stated in it are true. I do certify that I understand the English language and can read and write in English. I have read this motion and I do understand this motion. I shall use the email system for communication all correspondences regarding the instant case. I do certify I presented copies to the clerk of court. I respectfully ask the clerk to make copies and to deliver to ALL concerned parties.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that the foregoing Motion to Modify Probation has been served upon the State of Florida by mail, email/efiling or personal delivery a copy of the same to the office of Assistant State Attorney Erica B. Cane in the Volusia County Courthouse, and the prosecutor Kevin Sullivan.
[Insert address of the 7th Judicial Circuit Courthouse and State attorney’s office here]
[Insert Kevin Sullivan’s address here]
Respectfully submitted this _______________ day of ______________, 2022
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