PATRICK LAMAR EVANS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Patrick Lamar Evans appealed his conviction and sentences following revocation of community control, arguing the trial court lacked jurisdiction because the violation affidavit was filed thirteen days after his two-year community control term expired. The court reversed, holding that jurisdiction cannot be conferred by consent or stipulation and the trial court had no authority to proceed.
The trial court lacked jurisdiction to revoke community control, adjudicate Evans guilty on the underlying offenses, or impose sentences because the violation affidavit was filed after the expiration of the community control term. Jurisdiction cannot be conferred by consent, stipulation, waiver, acquiescence, or estoppel and must be established solely by general law.
[1] A trial court lacks jurisdiction to revoke community control if the affidavit of violation is filed after the term of community control has expired.
[2] A party cannot confer jurisdiction upon a court where none exists, even by stipulation.
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Join FLexlaw to unlock all legal intelligence“The parties cannot, even by stipulation, confer jurisdiction upon a court where no jurisdiction exists.”
Establishes the fundamental principle that jurisdiction cannot be created through agreement of the parties
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Join FLexlaw to unlock all legal intelligenceEvans was placed on community control for a two-year term. An affidavit of violation of community control was filed on December 23, 1992, thirteen day…
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PER CURIAM.
Patrick Lamar Evans appeals convictions and sentences imposed after revocation of community control, arguing that the trial court had no jurisdiction to revoke community control, to adjudicate him guilty on the underlying offenses in Case No. 89-615, or to impose sentences in that case. The affidavit of violation of community control was filed on December 23, 1992, 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. Fla.R.App.P. 9.140(b)(1); § 924.06, Fla.Stat. (1993). “When Evans pleaded nolo contendere to violation of community control, he expressly reserved the right to appeal, although not on the ground that the trial court lacked jurisdiction. We feel constrained, nevertheless, to consider the jurisdictional argument Evans now urges, the merits of which the state has conceded. See Robinson v. State, 373 So. 2d 898, 902 (Fla. 1979).
The parties cannot, even by stipulation, confer jurisdiction upon a court where no jurisdiction exists. Sclafani v. County of Dade, 323 So. 2d 675 (Fla. 3d DCA 1975). See State v. Schafer, 583 So. 2d 374 (Fla. 4th DCA 1991); Wilson v. State, 487 So. 2d 1130 (Fla. 1st DCA 1986); Wolfson v. State, 437 So. 2d 174 (Fla. 2d DCA 1983). “It is well settled that defendant cannot confer jurisdiction on the trial court by waiver, acquiescence, estoppel, or consent since jurisdiction is established solely by general law.” White v. State, 404 So. 2d 804, 805 (Fla. 2d DCA 1981) (citations omitted). Because the trial court lacked jurisdiction to revoke Evans’ community control, adjudicate him guilty on the underlying offenses, and impose additional punishment, we reverse the revocation order and both judgments and sentences in Case No. 89-615.
BOOTH, MICKLE and BENTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Aundra Akins v. State, 691 So. 2d 587 (Fla. 1st DCA 1997)…editated murder because an indictment cannot be amended by stipulation of the parties. An “invited error” analysis is inapplicable in the instant case because jurisdiction cannot be conferred on the court by agreement of the parties. Evans v. State, 647 So. 2d 180 (Fla. 1st DCA 1994)(“The parties cannot, even by stipulation, confer jurisdiction upon a court where no jurisdiction exists.”) We vacate appellant’s conviction and sentence for first degree attempted felony murder only. Upshaw v. State, 665 So. 2d…
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Wilfrid Metellus v. State, 817 So. 2d 1009 (Fla. 5th DCA 2002)…187 (holding that lack of jurisdiction cannot be cured by consent); Akins v. State, 691 So. 2d 587, 589 (Fla. 1st DCA 1997) (noting that "jurisdiction cannot be conferred on the court by agreement of the parties”) (citation omitted); Evans v. State, 647 So. 2d 180, 180 (Fla. 1st DCA 1994) ("The parties cannot, even by stipulation, confer jurisdiction upon a court where no jurisdiction exists.”) (citations omitted); White; Radford v. State, 360 So. 2d 1303 (Fla. 2d DCA 1978); Sclafani v. Dade County, 323 So. 2…
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Emro Mktg. & Frank Gates Serv. Co. v. Schwier, 670 So. 2d 1141 (Fla. 1st DCA 1996)…eal.”).* APPEAL DISMISSED. BARFIELD and DAVIS, JJ., concur. * Appellee’s attempted "concession” that the order is final does not aid appellants because jurisdiction may never be conferred by stipulation of the parties. See, e.g., Evans v. State, 647 So. 2d 180 (Fla. 1st DCA 1994); Department of Military Affairs v. Griffin, 530 So. 2d 1029, 1030 (Fla. 1st DCA 1988); Lovett v. City of Jacksonville Beach, 187 So. 2d 96, 99 (Fla. 1st DCA 1966), appeal dismissed, 200 So. 2d 179 (Fla.1967).…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
- Robinson v. State, 373 So. 2d 898 (Fla. 1979)
- Wolfson v. State, 437 So. 2d 174 (Fla. 2d DCA 1983)
- White v. State, 404 So. 2d 804 (Fla. 2d DCA 1981)
- Sclafani v. Cnty. OF Dade, 323 So. 2d 675 (Fla. 3d DCA 1975)
- State v. Schafer, 583 So. 2d 374 (Fla. 4th DCA 1991)
- Wilson v. State, 487 So. 2d 1130 (Fla. 1st DCA 1986)
- Aguiar v. State, 593 So. 2d 1225 (Fla. 3d DCA 1992)
- Harrel F. Braddy v. State, 593 So. 2d 1225 (Fla. 4th DCA 1992)