RUDOLPHO RICHTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
STONE, Judge.
We reverse an order extending Appellant’s probation entered after the probationary term expired. Although hearings were conducted before the term expired, in an effort to resolve questions concerning the amount of restitution and Appellant’s obligation to pay as a condition of probation, no affidavit or warrant for Appellant’s violation for failure to pay restitution was pending when the term expired. Thereafter, the court had no jurisdiction to modify or extend the probation. Cf. Clark v. State, 579 So. 2d 109 (Fla.1991); Shankweiler v. State, 427 So. 2d 215 (Fla. 4th DCA 1983); Frederick v. State, 405 So. 2d 1344 (Fla. 3d DCA 1981).
We remand with directions to vacate any orders entered subsequent to the April 23, 1992 termination date.
HERSEY and GUNTHER, JJ., concur.
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Carly Cesaire v. State, 811 So. 2d 816 (Fla. 4th DCA 2002)…do not condone petitioner’s failure to appear at the hearings, he has been punished significantly by his pre-hearing incarceration. We grant the writ and order petitioner’s immediate release. STONE and SHAHOOD, JJ., concur. . In Richter v. State, 629 So. 2d 157 (Fla. 4th DCA 1993), we held that felony court loses jurisdiction to modify or extend probation to make restitution after the probation period has expired.…
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Authorities Cited
- Clark v. State, 579 So. 2d 109 (Fla. 1991)
- Frederick v. State, 405 So. 2d 1344 (Fla. 3d DCA 1981)
- Shankweiler v. State, 427 So. 2d 215 (Fla. 4th DCA 1983)