MARK WATSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1986-11-14
No. BH-353
ERVIN and BARFIELD, JJ., concur.
497 So. 2d 1294 Florida District Court of Appeal, First District (1986) Positive Treatment
Cited by 8 cases

Opinion of the Court
WIGGINTON, Judge.

WIGGINTON, Judge.

We affirm the order revoking appellant’s probation. Probation is terminated only by a valid order of revocation or the running of its term, and not by the mere execution of an arrest warrant for violation of probation. See section 948.06, Fla.Stat.; cf McNeill v. State, 287 So. 2d 745 (Fla. 3d DCA 1974) (the issuance of a warrant assures continued jurisdiction of the trial court to revoke probation, despite the fact that the period of probation has run in the interim).

AFFIRMED.

ERVIN and BARFIELD, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

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  • Kolovrat v. State, 574 So. 2d 294 (Fla. 5th DCA 1991)
    …g March, which was the month defendant received one of the letters from the Flagler County probation officer. However, probation is not normally suspended or tolled retroactively unless the probationer absconds from supervision. Cf. Watson v. State, 497 So. 2d 1294 (Fla. 1st DCA 1986); Ware v. State, 474 So. 2d 332 (Fla. 1st DCA 1985), rev. denied, 484 So. 2d 10 (Fla.1986). Defendant is not objecting to that portion of the order reinstating probation which sets the two monthly payments at a minimum of $25 eac…
  • Mejia v. State, 675 So. 2d 996 (Fla. 1st DCA 1996)
    …Johnson, 616 So. 2d 1, 3 (Fla.1993) (“for an error to be so fundamental that it can be raised for the first time on appeal, the error must be basic to the judicial decision under review and equivalent to a denial of due process”); Salcedo v. State, 497 So. 2d 1294, 1295 (Fla. 1st DCA 1986) (allegation that defendant was absent from courtroom during exercise of peremptory challenges “alleged fundamental error which no objection was necessary to preserve”), review denied, 506 So. 2d 1043 (Fla.1987). The suprem…
  • Brower v. State, 684 So. 2d 1378 (Fla. 4th DCA 1996)
    …emptory jury challenges is fundamental error that may be raised for the first time on motion for new trial or on appeal. See Francis v. State, 413 So. 2d 1175, 1177-79 (Fla.1982); Mejia v. State, 675 So. 2d 996 (Fla. 1st DCA 1996); Salcedo v. State, 497 So. 2d 1294, 1295 (Fla. 1st DCA 1986), rev. denied, 506 So. 2d 1043 (Fla.1987). Patently, the procedure the Coney court prescribed in order for a defendant to waive his presence or ratify jury selection in the defendant’s absence would be superfluous if the sim…

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