REGINALD D. ROBINSON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Boyd v. State, 699 So. 2d 295 (Fla. 1st DCA 1997)
  …t the court was of the opinion that both the signing of the affidavit of violation and the issuance of the arrest warrant were necessary to set the revocation process in motion. In fact, the Second District has so read Fryson. In State v. Wimberly, 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 (Fl…

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• Bonifacio Gonzalez-Ramos v. State, 46 So. 3d 67 (Fla. 5th DCA 2010)
  …olation, the court explained: “A violation of probation must be set in motion prior to the termination of the period of probation.” Jones v. State, 954 So. 2d 675, 676 (Fla. 4th DCA 2007); see also § 948.04(2), Fla. Stat. (2001); State v. Wimberly, 574 So. 2d 1216, 1217 (Fla. 2d DCA 1991) (“A trial court lacks jurisdiction to revoke probation for violations which occur during the period of probation unless the revocation process is set in motion during the probationary period.”). Here, in light of his score-s…
• Powell v. State, 606 So. 2d 486 (Fla. 5th DCA 1992)
  …v. State, 593 So. 2d 1225 (Fla. 3d DCA 1992) (where affidavit charging violation of probation was filed before expiration of probationary period, trial court had jurisdiction); Fryson v. State, 559 So. 2d 377 (Fla. 1st DCA 1990); State v. Wimberly, 574 So. 2d 1216 (Fla. 2d DCA 1991). [*489] 2. The PDR considered by the trial court was approximately one year old, and, while there is no language in section 39.-059(7)(a) that indicates when a report is stale, fairness to both the state and the defendant requires…