Narrative Opinion Summary
Kamilia Briggs appeals a probation order that modified her conditions from "No Violent Contact" to "No Contact," claiming it violates her double jeopardy rights. Initially, Briggs pled guilty to felony battery against Domisha Collins and was sentenced to probation with a standard condition of no contact. The court later changed the condition to "no violent contact." Following ongoing issues between Briggs and Collins, two probation violation charges were filed; the first was dismissed by the State, and the second by the court. To protect Collins, the court independently modified the probation terms back to the standard "no contact." Briggs argues this modification constitutes an increased penalty and violates double jeopardy protections. The court agrees with her argument, resulting in the reversal of the probation modification. Judges Torpy, Palmer, and Senior Judge Harris concur in this decision.
Legal Issues Addressed
Concurrence of Judges in Appellate Decisionssubscribe to see similar legal issues
Application: Judges Torpy, Palmer, and Senior Judge Harris concurred in the decision to reverse the probation modification, aligning with the appellant's double jeopardy argument.
Reasoning: Judges Torpy, Palmer, and Senior Judge Harris concur in this decision.
Double Jeopardy Protections in Probation Modificationssubscribe to see similar legal issues
Application: The court determined that modifying probation conditions from 'No Violent Contact' back to 'No Contact' constituted an increased penalty, thereby violating double jeopardy protections.
Reasoning: Briggs argues this modification constitutes an increased penalty and violates double jeopardy protections.
Judicial Authority in Probation Condition Modificationssubscribe to see similar legal issues
Application: The court independently modified Briggs' probation terms back to the standard 'no contact' condition to protect the victim after dismissing probation violation charges.
Reasoning: To protect Collins, the court independently modified the probation terms back to the standard 'no contact.'