RONALD RODRIGUEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Rodriguez appeals an order extending his probation for violating its conditions. The court reverses because the trial court lacked jurisdiction to revoke probation when the revocation process was initiated after the probationary period had expired.
The trial court lacked jurisdiction to revoke probation because the revocation process was not set in motion until after the probationary period had expired. Although the affidavit was signed before expiration, the revocation process was not initiated until the affidavit was filed on January 13, 1986, four days after Rodriguez's probation ended.
[1] A trial court lacks jurisdiction to revoke probation for violations if the revocation process is not initiated during the probationary period.
[2] An order modifying probation that extends its duration is ineffective if entered after the original probationary period has expired.
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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 controlling legal standard for jurisdictional limits on probation revocation.
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Join FLexlaw to unlock all legal intelligenceRodriguez was placed on probation for one year on January 10, 1985, after pleading nolo contendere to obtaining property in exchange for a worthless c…
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SCHOONOVER, Judge.
The appellant, Ronald Rodriguez, appeals an order extending the term of his probation. We find that the trial court did not have jurisdiction to enter the order appealed from and, accordingly, reverse.
On January 10, 1985, the trial court placed appellant on probation for a period of one year after he pled nolo contendere to a charge of obtaining property in exchange for a worthless check. As one of the conditions of probation, the trial court required appellant to pay certain court costs within the probationary period. Appellant failed to pay these costs, and an affidavit charging him with violating the terms and conditions of his probation was filed on January 13, 1986. A warrant charging the appellant with violating the terms and conditions of his probation was issued the same day. At the conclusion of the appellant’s probation revocation hearing, the trial court found him guilty of violating the conditions of his probation. The court then entered an order extending appellant’s probation for eighteen months with the provision that the probation would be terminated upon satisfaction of the appellant’s financial obligations. This timely appealed followed.
We agree with the appellant’s contention that his probation had expired prior to the state’s attempt to revoke it and that, therefore, the trial court did not have jurisdiction to proceed.
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); 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 January 13, 1986, four days after appellant’s period of probation had expired. See Gardner; White.
Since the appellant’s probation had expired prior to his being charged with violating the terms and conditions thereof, the court had lost jurisdiction to proceed. Gardner; White. We, accordingly, reverse and remand with instructions to discharge the appellant on this charge.
Reversed and remanded.
SCHEB, A.C.J., and THREADGILL, 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)…r modification of the probation pursuant to Section 948.06, F.S. Carroll v. Cochran, 140 So. 2d 300, 301 (Fla.1962) (alteration in original) (quoting State ex rel. Ard v. Shelby, 97 So. 2d 631, 632 (Fla. 1st DCA 1957)). See also Rodriguez v. State, 511 So. 2d 444 (Fla. 2d DCA 1987); Brooker v. State, 207 So. 2d 478 (Fla. 3d DCA 1968). The State recognizes that this rule has been consistently applied to preclude consideration of new violations charged in an amended affidavit filed after the period of probatio…
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Boyd v. State, 699 So. 2d 295 (Fla. 1st DCA 1997)…y, 574 So. 2d 1216 (Fla. 2d DCA 1991), the trial court had dismissed a probation violation proceeding, concluding that it lacked jurisdiction. The state appealed. On appeal, Wimberly relied on an earlier Second District decision, Rodriguez v. State, 511 So. 2d 444 (Fla. 2d DCA 1987). In Rodriguez, the court had held that the mere fact that the affidavit alleging a violation of probation had been signed before the probationary term had expired was not sufficient to set the revocation process in motion when the…
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Gearhart v. State, 885 So. 2d 415 (Fla. 5th DCA 2004)…probation here was improper. Accordingly, the revocation of probation, based on an affidavit filed after expiration of the original three year probationary term, was invalid. See Belt v. State, 748 So. 2d 386 (Fla. 5th DCA 2000); Rodriguez v. State, 511 So. 2d 444 (Fla. 2d DCA 1987) (trial court lacks jurisdiction to revoke probation when affidavit [*419] of violation is not filed until after term of probation has expired). We order the defendant’s immediate release from custody. REVERSED. SAWAYA, C.J., and…
Previewing 3 of 8 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)
- White v. State, 355 So. 2d 492 (Fla. 3d DCA 1978)
- Carpenter v. State, 355 So. 2d 492 (Fla. 3d DCA 1978)
- White v. State, 410 So. 2d 588 (Fla. 2d DCA 1982)