DEFENDANT, by and through undersigned counsel requests this Honorable Court to clarify the terms of sentence imposed in this case. As grounds for this Motion, the Defendant states as follows:
- The Defendant was charged by Information in this case with Trespass on Property Other Than Structure or Conveyance (M1).
- On September 22, 2011, the Defendant entered a negotiated plea of “no contest” and adjudicated guilty, ordered to serve 43 days jail (credit-time-served 43 days) followed by 10 months of supervised probation. Special terms of probation were to pay court costs, perform 50 hours of community service, not return to the incident location and pay Public Defender fee. Also ordered, but not a term of probation, the Defendant was directed to pay $700 cost of investigation to the Melbourne Police Department. This Court also authorized mail-in probation as the Defendant plans to return to his family out-of–state.
- Subsequently, the Defendant reported to Judicial Correction Services, Inc., (JCS) and, according to the Defendant, was instructed that he may not change his current in-state “homeless” status and move to his family’s home state unless he pays JCS a sum of money he cannot presently afford. The Defendant questions the validity of that condition and seeks clarification.
WHEREFORE, Defendant requests that this Court clarify the issue whether he must pay JCS prior to relocating out-of-state.