CHARLES RAYMOND CARTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a probationer cannot agree with their probation officer to extend probation in lieu of statutory procedures, and the court lacked jurisdiction to revoke probation after its original termination date.
Carter agreed with his probation officer to extend his probation term by one year, nine days before it was set to expire. A court order was entered ac…
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PER CURIAM.
Carter appeals an order revoking his probation and sentencing him to two years imprisonment. We reverse.
Carter was placed on probation July 20, 1982. On July 10, 1984, nine days before his probation would have terminated, Carter agreed with his probation officer to extend his probationary term for one additional year. On July 20, 1984 a court order was entered accordingly. In April 1985 an affidavit of violation of probation was filed and following a hearing in January 1987 Carter was found to have violated his probation. The probation was revoked and a two year sentence imposed.
Carter argues the court had no jurisdiction to revoke his probation by virtue of the fact that his probation terminated in July 1984 and that his purported agreement to extend it is a nullity. We agree. Section 948.06, Pla.Stat. provides the sole means by which a probationary term may be modified. Patrick v. State, 336 So. 2d 1253 (Fla. 1st DCA 1976). A probationer cannot agree with his probation officer to an extension of probation in lieu of compliance with the procedures set forth in § 948.06. Gurganus v. State, 391 So. 2d 806 (Fla. 5th DCA 1980). Therefore Carter’s probation terminated in July 1984, and the court was without jurisdiction to consider any violation purportedly occurring at any point thereafter. The order revoking probation is reversed and Carter is ordered discharged as to circuit court case numbers 82-1461 and 82-1462.
REVERSED.
BOOTH, THOMPSON and WIGGINTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Clark v. State, 579 So. 2d 109 (Fla. 1991)…probation without complying with section 948.06. The court relied on cases holding that a probationer cannot agree with his probation officer to an extension of probation in lieu of compliance with the procedures of section 948.06. Carter v. State, 516 So. 2d 331 (Fla. 1st DCA 1987); Gurganus v. State, 391 So. 2d 806 (Fla. 5th DCA 1980); Patrick v. State, 336 So. 2d 1253 (Fla. 1st DCA 1976).2 The trial court erred in this case by enhancing the terms of Clark’s community control without notice and hearing. S…
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Holcombe v. State, 553 So. 2d 1337 (Fla. 1st DCA 1989)…ffender an opportunity to be fully heard on his behalf in person or by counsel. After such hearing, the court may-revoke, modify, or continue the probation or community control or place the probationer into community control.... In Carter v. State, 516 So. 2d 331, 332 (Fla. 1st DCA 1987) this court held: Section 948.06, Fla.Stat., provides the sole means by which a probationary term may be modified_ A probationer cannot agree with his probation officer to an extension in lieu of compliance with the procedur…
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Casterline v. State, 703 So. 2d 1071 (Fla. 2d DCA 1997)…ded period, after which the court had lost jurisdiction over the probationer because his term had in fact expired. See Marsh v. State, 559 So. 2d 411 (Fla. 2d DCA 1990); see also State v. Schafer, 583 So. 2d 374 (Fla. 4th DCA 1991); Carter v. State, 516 So. 2d 331 (Fla. 1st DCA 1987). Other probationary terms which have been described as "nullities” involve jurisdictional irregularities. See, e.g., Frederick v. State, 419 So. 2d 736 (Fla. 3d DCA 1982), and Walker v. State, 382 So. 2d 1231 (Fla. 2d DCA 1980)…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Verle Vernelle Patrick v. State, 336 So. 2d 1253 (Fla. 1st DCA 1976)
- Gurganus v. State, 391 So. 2d 806 (Fla. 5th DCA 1980)