GEORGE LUIS AGUIAR, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the trial court lacked jurisdiction to revoke probation because the affidavit of violation was filed after the probationary period expired.
Aguiar was sentenced to probation following a jail term. The State filed an affidavit of probation violation five months after the probationary period…
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PER CURIAM.
Aguiar appeals an order revoking his probation. He contends that the trial court lacked jurisdiction to entertain the State’s affidavit of violation of probation because the affidavit was filed after the expiration of the probationary period. We agree.
In accordance with a plea agreement, Aguiar was sentenced to 364 days in the county jail, followed by one year probation to commence at the end of the jail term. Aguiar was released from jail in February 1990. In July 1991, five months after the expiration of the probationary period, the State filed an affidavit of violation of probation. At a hearing on the matter, the trial court found Aguiar guilty of probation violation and sentenced him to nine years imprisonment.
When a probationary period expires, the court is divested of all jurisdiction over the probationer unless, prior to that time, the appropriate steps were taken to revoke or modify the probation. Purvis v. Lindsey, 587 So. 2d 638, 639 (Fla. 4th DCA 1991); Little v. State, 519 So. 2d 1139, 1140 (Fla. 2d DCA), rev. denied, 528 So. 2d 1182 (Fla.1988); Gardner v. State, 412 So. 2d 10 (Fla. 2d DCA 1981). The State was required to file the affidavit of violation of probation before the termination of the probationary period. Clark v. State, 402 So. 2d 43 (Fla. 4th DCA 1981). Afterwards, the trial court was without subject matter jurisdiction.
The order revoking probation is vacated and the case is remanded for further proceedings consistent with this opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Evans v. State, 647 So. 2d 180 (Fla. 1st DCA 1994)…thirteen days after Evans’ two-year term of community control had expired. The state concedes error in this regard and we agree that the order of revocation and the convictions and sentences in Case No. 89-615 must be reversed. See Aguiar v. State, 593 So. 2d 1225 (Fla. 3d DCA 1992). No appeal lies from a judgment entered on a plea of nolo contendere without an express reservation of the right to appeal from a prior order of the lower court, identifying with particularity the point of law being reserved. Fl…
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Davis v. State, 623 So. 2d 579 (Fla. 3d DCA 1993)…n of the probationary-period. We agree. When a probationary period expires, the court is divested of jurisdiction over the probationer unless, prior to that time, the appropriate steps were taken to revoke or modify the probation. Aguiar v. State, 593 So. 2d 1225 (Fla. 3d DCA 1992); Purvis v. Lindsey, 587 So. 2d 638, 639 (Fla. 4th DCÁ 1991). If an affidavit of violation is timely filed, and is succeeded by an untimely affidavit which merely re-avers the allegations contained in the former, the re-averred all…
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McGRAW v. State, 700 So. 2d 183 (Fla. 4th DCA 1997)…things should have occurred before the probationary period expired — - either the filing of the affidavit of violation of probation with the clerk or the trial court’s issuance of the arrest warrant.1 See Carroll, 140 So. 2d at 301; Aguiar v. State, 593 So. 2d 1225 (Fla. 3d DCA 1992); Gardner v. State, 412 So. 2d 10 (Fla. 2d DCA 1981). The order of revocation of probation and sentence are reversed. GLICKSTEIN and POLEN, JJ., concur. . In Carroll v. Cochran, 140 So. 2d 300 (Fla.1962), the supreme court held…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Clark v. State, 402 So. 2d 43 (Fla. 4th DCA 1981)
- Gardner v. State, 412 So. 2d 10 (Fla. 2d DCA 1981)
- Purvis v. The Honorable Hubert R. Lindsey, 587 So. 2d 638 (Fla. 4th DCA 1991)
- Phelan A. Little v. State, 519 So. 2d 1139 (Fla. 2d DCA 1988)