VICTOR B. WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Victor White appeals the revocation of his probation for both grand theft and resisting arrest without violence. The court vacates the revocation for resisting arrest because the revocation process was not initiated during the probationary period for that offense, but affirms the revocation for grand theft where the process was timely initiated.
A trial court lacks jurisdiction to revoke probation unless the revocation process is set in motion during the probationary period. The court vacates the revocation of probation for resisting arrest because its one-year probationary term expired on January 10, 1980, before any affidavits were filed. The court affirms the revocation for grand theft because the revocation proceedings were completed during the two-year probationary period for that offense.
[1] A trial court lacks jurisdiction to revoke probation for violations unless the revocation process is initiated during the probationary period.
[2] Probationary terms must be set in motion prior to their expiration for a trial court to retain authority to revoke probation.
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Join FLexlaw to unlock all legal intelligence“A trial court lacks jurisdiction to revoke probation for violations which occur during the probationary period unless the revocation process is set in motion during the probationary period.”
Establishes the core legal principle that governs the case and determines White's jurisdictional argument
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Join FLexlaw to unlock all legal intelligenceOn January 11, 1979, White pled guilty to grand theft in the second degree and resisting arrest without violence. He was placed on two years' probatio…
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DANAHY, Judge.
Victor Banks White contends that, because the revocation process was not set in motion prior to the expiration of his probationary period, the trial judge had no authority to revoke his probation. He is correct. We, therefore, vacate that part of the order of the trial judge which revoked White’s probation for the crime of resisting arrest without violence.
On December 27, 1978, the state charged White with grand theft in the second degree and resisting arrest without violence. On January 11, 1979, White pled guilty to both charges. That same day the trial judge withheld adjudication of - guilt and placed White on two years’ probation for grand theft and one year’s probation for resisting arrest. On July 24, 1980, an affidavit for violation of four conditions of probation was filed. On October 31, 1980, an amended affidavit for violation of two conditions of probation was filed. The amended affidavit alleged that White had violated one condition in September and November of 1979 and in January through September, 1980, and the other in August, 1980.
Revocation hearings were held on November 12, December 1, and December 8, 1980. At the conclusion of the hearings, the trial judge found that White had violated the terms of his probation as alleged in the amended affidavit. The judge then adjudicated White guilty of both offenses for which he had been placed on probation and sentenced him to five years’ imprisonment for grand theft and one year’s imprisonment for resisting arrest. The terms of imprisonment were to run consecutively.
A trial court lacks jurisdiction to revoke probation for violations which occur during the probationary period unless the revocation process is set in motion during the probationary period. Gardner v. State, 412 So. 2d 10 (Fla.2d DCA 1981); Bouie v. State, 360 So. 2d 1142 (Fla.2d DCA 1978); Carpenter v. State, 355 So. 2d 492 (Fla.3d DCA 1978); §§ 948.04(2) and 948.06(2), Fla. Stat. (1977). White’s term of probation imposed on the charge of resisting arrest without violence expired on January 10, 1980. Thus, the trial judge lacked jurisdiction to revoke White’s probation for that offense because the term of probation expired before the affidavits were filed. See Polite v. State, 371 So. 2d 206 (Fla.2d DCA 1979); § 775.082(4)(a), Fla.Stat. (1977).
Accordingly, we reverse and vacate that part of the trial court’s order which revoked White’s probation for the offense of resisting arrest without violence, adjudicated him guilty, and sentenced him to one year in prison.
We affirm the balance of the order, which revoked White’s probationary term for the crime of grand theft, adjudicated him guilty of that offense, and sentenced him to five years’ imprisonment. We do so because the revocation proceedings were completed during the two years’ probationary period for that felony offense.
Affirmed in part and reversed in part with directions to vacate the order of revocation of probation, adjudication of guilt and sentence for the resisting arrest offense.
BOARDMAN, Acting C. J., and RYDER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Hall, 641 So. 2d 403 (Fla. 1994)…nsideration of new violations charged in an amended affidavit filed after the period of probation has expired. See, e.g., McPherson v. State, 530 So. 2d 1095 (Fla. 1st DCA 1988); Robinson v. State, 474 So. 2d 1274 (Fla. 3d DCA 1985); White v. State, 410 So. 2d 588 (Fla. 2d DCA 1982); Clark v. State, 402 So. 2d 43 (Fla. 4th DCA 1981). However, it asks us to create an exception that would allow consideration of untimely filed charges contained in an amended affidavit of probation violation when the newly charge…
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Rodriguez v. State, 511 So. 2d 444 (Fla. 2d DCA 1987)…court lacks jurisdiction to revoke probation for violations which occur during the probationary period unless the revocation process is set in motion during the probationary period. Gardner v. State, 412 So. 2d 10 (Fla. 2d DCA 1981); White v. State, 410 So. 2d 588 (Fla. 2d DCA 1982); Carpenter v. State, 355 So. 2d 492 (Fla. 3d DCA 1978). Although the affidavit in this case was signed prior to the expiration of the term of probation, the revocation process was not set in motion until the affidavit was filed on…
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Mundorff v. State, 890 So. 2d 1234 (Fla. 1st DCA 2005)…the terms and conditions thereof, the trial court no longer had jurisdiction to conduct a revocation hearing. See Rodriguez v. State, 511 So. 2d 444, 445 (Fla. 2d DCA 1987) (citing Gardner v. State, 412 So. 2d 10 (Fla. 2d DCA 1981); White v. State, 410 So. 2d 588 (Fla. 2d DCA 1982)). Accordingly, the order extending probation and the judgment and sentence of violation of probation are VACATED and appellant is DISCHARGED as to circuit court case number 99-13762 CFA. BENTON, LEWIS and THOMAS, JJ., Concur.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gardner v. State, 412 So. 2d 10 (Fla. 2d DCA 1981)
- Bouie v. State, 360 So. 2d 1142 (Fla. 2d DCA 1978)
- White v. State, 355 So. 2d 492 (Fla. 3d DCA 1978)
- Carpenter v. State, 355 So. 2d 492 (Fla. 3d DCA 1978)
- Polite v. State, 371 So. 2d 206 (Fla. 2d DCA 1979)