HENRY SHOEMAKER GARDNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a trial court loses jurisdiction to revoke probation once the probationary period has expired, unless proceedings to revoke were initiated before expiration.
Appellant's probation was set to expire on April 6, 1981. The state filed an affidavit alleging probation violation on April 7, 1981, one day after th…
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SCHEB, Chief Judge.
Appellant pled guilty and was placed on probation for three years on April 7, 1978. On April 7,1981, the state filed an affidavit that he had violated his probation. At the evidentiary hearing to determine whether probation should be revoked appellant moved to dismiss the charges on the ground that his probationary period had expired. The court denied the motion, revoked appellant’s probation, and sentenced him to four years in prison. Appellant contends the court was without jurisdiction to revoke his probation. We agree.
The appellant was placed on probation on April 7, 1978. At that time he became subject to all the conditions and responsibilities attendant thereto. This period of probation terminated three years later on April 6, 1981.
Upon expiration of the probationary period, the court is divested of all jurisdiction over the probationer unless prior to that time the processes of the court have been set in motion for revocation or modification of probation. Bouie v. State, 360 So. 2d 1142 (Fla. 2d DCA 1978); Carpenter v. State, 355 So. 2d 492 (Fla. 3d DCA 1978); Hopson v. State, 339 So. 2d 1152 (Fla. 2d DCA 1976); Ard v. Shelby, 97 So. 2d 631 (Fla. 1st DCA 1957). Here the state’s affidavit alleging appellant had violated his probation was not filed until one day after his term of probation expired. Therefore, the court had no jurisdiction to revoke his probation.
Accordingly, we vacate the sentence imposed by the trial court and direct the court to enter an order discharging appellant.
HOBSON and BOARDMAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (19 total)
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Gregorio Rodriguez v. State, 441 So. 2d 1129 (Fla. 3d DCA 1982)…. Upon expiration of the probationary period, the court is divested of all jurisdiction over the probationer unless prior to that time the processes of the court have been set in motion for revocation or modification of probation. Gardner v. State, 412 So. 2d 10 (Fla. 2d DCA 1981); see Carpenter v. State, 355 So. 2d 492 (Fla. 3d DCA 1978). Rodriguez satisfied the terms of his probation when he met the condition set by the court, that is, to appear on a particular date. The court lost jurisdiction to resen-t…
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Brown v. State, 537 So. 2d 180 (Fla. 3d DCA 1989)…or modification of probation.” Little v. State, 519 So. 2d 1139 (Fla. 2d DCA), review denied, 528 So. 2d 1182 (Fla.1988); Minninger v. State, 517 So. 2d 758 (Fla. 2d DCA 1987); Robinson v. State, 474 So. 2d 1274 (Fla. 3d DCA 1985); Gardner v. State, 412 So. 2d 10 (Fla. 2d DCA 1981); Clark v. State, 402 So. 2d 43 (Fla. 4th DCA 1981). The filing of the new substantive robbery charge on October 25, 1985, after the expiration of Brown’s probation in February 1985, was untimely and the trial court lacked the juri…
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Bass v. State, 473 So. 2d 1367 (Fla. 1st DCA 1985)…l court could not find him in violation of any of the payment requirements prior to the expiration of the probation term is also without merit. Proceedings to revoke probation must be commenced prior to the expiration of probation. Gardner v. State, 412 So. 2d 10 (Fla. 2d DCA 1981); Mounts v. State, 421 So. 2d 22 (Fla. 5th DCA 1982). In addition, the language of the payment conditions of the probation required Bass to pay as directed by his probation supervisor. It is clear that this language required instal…
Previewing 3 of 19 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State of Fla. ex rel. Fritz ARD v. Emmett Shelby, 97 So. 2d 631 (Fla. 1st DCA 1957)
- 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)
- Hopson v. State, 339 So. 2d 1152 (Fla. 2d DCA 1976)