STATE OF FLORIDA, APPELLANT,
v.
DAVID JOSEPH PITTMAN, APPELLEE
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RYDER, Chief Judge.
The appellee was sentenced pursuant to the Florida Youthful Offender Act, chapter 958, Florida Statutes (1979), to a term of imprisonment followed by community control. When an affidavit was filed alleging that appellee violated the terms of his community control program, the trial judge dismissed it and the accompanying arrest warrant, ruling that the circuit court lacked subject matter jurisdiction of the matter. We reverse.
Appellee was charged with violating his probation after October 1, 1983, the effective date of an amendment to section 948.-06(1), Florida Statutes. The amendment provided that the sentencing court has jurisdiction to revoke a youthful offender’s community control. Therefore, the trial court erred in dismissing the affidavit and warrant for lack of subject matter jurisdiction. Crosby v. State, 462 So. 2d 607 (Fla. 2d DCA 1985); Loveless v. Bryson, 460 So. 2d 942 (Fla. 2d DCA 1984).
Accordingly, we quash the trial court’s order dismissing the affidavit and warrant and remand to the trial court with instructions to take any appropriate action upon the affidavit and warrant.
SCHEB and HALL, JJ., concur.
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State v. Perry, 605 So. 2d 94 (Fla. 3d DCA 1992)…of the requirements of our Constitution. In other words, the evidence presented to the trial judge fails to supply proof that guilt is evident or the presumption thereof great.” Id. In a post-Arthur case, the Second District in Mininni v. Gillum, 477 So. 2d 1013 (Fla. 2d DCA 1985), applied the above-stated standards of the Russell and Van Eeghen decisions and admitted the defendant to pretrial bail upon an original application for habeas corpus in a capital first-degree murder case, holding that the proof o…
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Elderbroom v. Knowles, 621 So. 2d 518 (Fla. 4th DCA 1993)…he evidence, it denied the state’s petition for writ of certiorari and upheld a trial court order admitting an accused to reasonable bail. State v. Perry, 605 So. 2d 94 (Fla. 3d DCA), rev. denied, 613 So. 2d 9 (Fla.1992). See also Mininni v. Gillum, 477 So. 2d 1013 (Fla. 2d DCA 1985). We find the same circumstances to exist here. The trial court erred in ae- [*521] knowledging the weight of the evidence presented for both sides and yet concluding that the state met its burden of proof that the proof of guilt…
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Preston v. Sheriff David GEE, 133 So. 3d 1218 (Fla. 2d DCA 2014)…ony. We disagree that the court was required to take testimony. Arthur makes clear that the parties may make [*1226] their respective showings by submitting affidavits or transcripts of sworn testimony. 390 So. 2d at 720. See also Mininni v. Gillum, 477 So. 2d 1013, 1014 (Fla. 2d DCA 1985) (observing that under Arthur, a court may determine that proof of guilt was evident or the presumption great on the basis of affidavits); Castro v. State, 914 So. 2d 467 (Fla. 5th DCA 2005) (holding that the affidavits of th…
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- Loveless v. Bryson, 460 So. 2d 942 (Fla. 2d DCA 1984)
- Crosby v. State, 462 So. 2d 607 (Fla. 2d DCA 1985)