You may remember the story of Debra LaFave, the Tampa area teacher who got busted for sexual relations with a 14-year-old boy. She made a lot of headlines in part for being awfully attractive. Even her probation photos look good. She ultimately pled out to a couple of counts, convicted as a sex offender, and was sentenced to 10 years of supervision: 3 years of Community Control followed by 7 years of sex offender probation.
In her plea deal, she had stipulated that she would not apply for early termination of her probation. Yet, with several years remaining, she filed a motion to ask the judge to terminate her supervision early. In spite of the stipulation, the judge agreed to terminate her, and the state appealed.
The Second District Court of Appeals overturned the judge’s order, but certified the question to the Supreme Court of Florida: which means they asked the Supreme Court to review it. The Supreme Court overturned that decision, 5-2, in an opinion released yesterday. The Court’s reasoning relied on jurisdiction: basically that the State does not have the right to ask for a review of a judge’s decision to terminate probation. While it seems incongruous to allow an early termination when it has been bargained away, that is not inconsistent with case law that that grants great deference to judges on how to handle probationers in front of them. The will end Ms. LaFave’s legal case, but she will still be required to report as a sex-offender for many years.
Florida Supreme Court Opinion: http://www.floridasupremecourt.org/decisions/2014/sc12-2232.pdf