RICKY WALTER SPURLOCK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The Fifth District Court of Appeal affirmed a probation revocation order, rejecting the defendant's argument that the trial court lacked jurisdiction based on Clem v. State and holding that a youthful offender on probation following release from incarceration remains subject to the trial court's jurisdiction.
A trial court has jurisdiction to revoke probation of a youthful offender who has been released from incarceration, even if the offender is technically on parole.
[1] A trial court retains jurisdiction to revoke probation of a youthful offender sentenced to imprisonment and probation following the offender's release from incarceration,…
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Join FLexlaw to unlock all legal intelligenceRicky Walter Spurlock, a youthful offender sentenced to imprisonment and probation, appealed a probation revocation order, arguing the trial court lac…
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COBB, Judge.
The defendant appeals a probation revocation order. He contends the trial court lacked jurisdiction to revoke his probation based upon Clem v. State, No. 81-2248 (Fla. 4th DCA Aug. 31, 1983) [8 FLW 2135] (rehearing pending). Clem holds that a youthful offender sentenced to imprisonment and probation is on parole following his release from incarceration, therefore not subject to the trial court’s jurisdiction at that point. We reject Clem v. State, find the trial court had jurisdiction and affirm the revocation order. See Bowen v. State, 415 So. 2d 142 (Fla. 5th DCA 1982) and Riley v. State, 407 So. 2d 967 (Fla. 2d DCA 1981).
The defendant also asserts the trial court failed to give credit for time served. Because he did not raise this matter below, we reject his assertion, without prejudice to his right to present the issue to the trial court pursuant to Florida Rule of Criminal Procedure 3.850. See Meintzer v. State, 399 So. 2d 133 (Fla. 5th DCA 1981). In addition, the defendant may want to challenge, by a 3.850 motion, the five-year sentence of imprisonment, entered subsequent to revocation, as being in contravention of section 958.05(2), Florida Statutes (1981). See also Ellis v. State, 436 So. 2d 342 (Fla. 1st DCA 1983), review denied, 443 So. 2d 980 (Fla.1984).
Accordingly, the order of revocation is affirmed.
AFFIRMED.
ORFINGER, C.J., and FRANK D. UP-CHURCH, Jr., J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
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Brooks v. State, 478 So. 2d 1052 (Fla. 1985)…the position of the First District sub judice and approved by us today. Moore v. State, 463 So. 2d 406 (Fla. 3rd DCA 1985); Clem v. State, 462 So. 2d 1134 (Fla. 4th DCA 1984); Loveless v. Bryson, 460 So. 2d 942 (Fla. 2d DCA 1984); Spurlock v. State, 449 So. 2d 973 (Fla. 5th DCA 1984), review denied, 466 So. 2d 212 (Fla. 1985). We agree with the district court in Moore “that the more specific provisions of section 998.14, Florida Statutes (1983) govern over the more general provision of section 958.10, Florid…
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Spurlock v. State, 466 So. 2d 212 (Fla. 1985)…PER CURIAM. This is a petition to review Spurlock v. State, 449 So. 2d 973 (Fla. 5th DCA 1984). This Court accepted jurisdiction on the basis of conflict with an opinion in Clem v. State, No. 81-2243 (Fla. 4th DCA Aug. 31, 1983). That initial opinion in Clem was withdrawn and the new opinion, 462 So. 2d 1134, released Augu…
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Martin v. State, 525 So. 2d 901 (Fla. 5th DCA 1987)…la. 3d DCA 1982); Lamar v. State, 443 So. 2d 414 (Fla. 4th DCA 1984); Hampton v. State, 446 So. 2d 1171 (Fla. 5th DCA 1984); Scott v. State, 447 So. 2d 1002 (Fla. 5th DCA 1984); Jensen v. State, 449 So. 2d 969 (Fla. 5th DCA 1984); Spurlock v. State, 449 So. 2d 973 (Fla. 5th [*903] DCA 1984), rev. denied, 466 So. 2d 212 (Fla.1985); Whitchard v. State, 459 So. 2d 439 (Fla. 3d DCA 1984); Kirkman v. Wainwright, 465 So. 2d 1262 (Fla. 5th DCA 1985); Frizzell v. State, 473 So. 2d 290 (Fla. 2d DCA 1985); Pendergrass…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Meintzer v. State, 399 So. 2d 133 (Fla. 5th DCA 1981)
- Ellis v. State, 436 So. 2d 342 (Fla. 1st DCA 1983)
- Riley v. State, 407 So. 2d 967 (Fla. 2d DCA 1981)
- Bowen v. State, 415 So. 2d 142 (Fla. 5th DCA 1982)