RENEE MARSH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a probationer and probation officer cannot validly agree to extend probation in lieu of statutory procedures, and the court lacked jurisdiction to revoke probation after its original expiration date.
Appellant agreed to a one-year extension of her probation without a hearing or counsel, four days before it would have terminated. Subsequently, viola…
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THREADGILL, Judge.
Renee Marsh appeals from an order revoking her probation and sentencing her to six months’ community control followed by one year’s probation. We reverse.
Appellant was placed on two years’ probation on November 27, 1985, for three counts of grand theft and one count of obtaining property in return for a worthless check. On November 23, 1987, four days before her probation would have terminated, Appellant agreed with her probation officer to a one-year extension in lieu of being charged with a violation, and the court entered an order to that effect on November 23, 1987. Appellant agreed to the modification without a hearing or advice of counsel.
On March 18, 1988, Appellant’s probation officer filed an affidavit alleging violations of three conditions of probation which occurred after expiration of the original probationary term. The trial court revoked probation, adjudicated Appellant guilty of the original offenses, and imposed six months’ community control followed by one year’s probation. Appellant argues that the court had no jurisdiction to revoke her probation by virtue of the fact that her probation expired on November 27, 1987, and her agreement to extend it is a nullity. We agree. Section 948.06, Florida Statutes (1987), provides the sole means by which a probationary term may be extended and a probationer and his probation officer cannot make a valid agreement to extend probation in lieu of compliance with the statutory procedures. Carter v. State, 516 So. 2d 331 (Fla. 1st DCA 1987). Appellant’s probation terminated on November 27, 1987. The court was therefore without jurisdiction to consider any violation which occurred after that date.
The order revoking probation is reversed and Appellant is ordered discharged as to circuit court case numbers 85-991CFAES; 85-1684CFAES; 85-1685CFAES; and 85-1686CFAES.
Reversed.
RYDER, A.C.J., and DANAHY, J., concur.
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State v. Schafer, 583 So. 2d 374 (Fla. 4th DCA 1991)…and search. The state then filed the instant appeal. We approve and adopt the trial court’s order which provided in part: 2. That Defendant’s agreement to extend probation, made without a hearing or advice of counsel is a nullity, Marsh v. State, [559 So. 2d 411 (Fla. 2d DCA 1990)]; Dover v. State, [558 So. 2d 101 (Fla. 1st DCA 1990)]; Clark v. State, [559 So. 2d 1272 (Fla. 2d DCA 1990)]. 3. That the officer relied solely on the information that there was an outstand [*376] ing warrant; however, a void war…
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Casterline v. State, 703 So. 2d 1071 (Fla. 2d DCA 1997)…r and his supervisory officer may constitute a "nullity” insofar as a subsequent violation occurs during this extended 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.…
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Mundorff v. State, 890 So. 2d 1234 (Fla. 1st DCA 2005)…991) (footnote omitted) (emphasis added). In other words, a probationer’s agreement to extend probation, made without a hearing or the advice of counsel, is a nullity. State v. Schafer, 588 So. 2d 374, 375 (Fla. 4th DCA 1991) (citing Marsh v. State, 559 So. 2d 411 (Fla. 2d DCA 1990)). “A probationer cannot agree with his probation officer to an extension of probation in lieu of compliance with the procedures set forth in [section] 948.06.” Carter v. State, 516 So. 2d 331, 332 (Fla. 1st DCA 1987) (citing Gurga…
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- Carter v. State, 516 So. 2d 331 (Fla. 1st DCA 1987)