GEORGE TYSON, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
The state having properly conceded error, we conclude that the trial court lacked jurisdiction to revoke community control and sentence appellant to prison in circuit court case numbers 88-881 and 88-1267 because the affidavits of violation wei'e not filed until after the period of community control previously imposed had expired. Accordingly, on remand, the judgments and sentences entered in those two cases on May 25, 1994, must be vacated. (However, we note that such action will have no effect on appellant’s convictions in those two eases, as adjudications of guilt had previously been entered in both cases on December 21, 1992.) The judgment and sentence in circuit court case number 92-1557 are affirmed.
AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.
WEBSTER, MICKLE and LAWRENCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Jarod H. Hoffman v. State, 729 So. 2d 421 (Fla. 1st DCA 1999)…signs the warrant and the warrant is delivered to the proper executive officer for execution.” See Boyd, 717 So. 2d at 526, citing Dubbs, 100 Fla. at 804, 130 So. at 38. See also Francois v. State, 695 So. 2d 695, 697 (Fla.1997). In Tyson v. State, 655 So. 2d 214 (Fla. 1st DCA 1995), this court ruled that the same jurisdictional requirement applies to community control. In Tyson, we held that the trial court lacked jurisdiction to revoke community control where the affidavits of violation were not filed unti…
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Ermatinger v. State, 866 So. 2d 698 (Fla. 2d DCA 2003)…ion that occurs within the period of probation “unless the revocation process is set in motion during the probationary period.” Hoffman v. State, 729 So. 2d 421 (Fla. 1st DCA 1999). This same requirement applies to community control. Tyson v. State, 655 So. 2d 214 (Fla. 1st DCA 1995). Ermatinger’s concurrent sentences on the felonious possession of a firearm and aggravated battery were imposed on August 27, 1998. Erma-tinger’s term of community control on the aggravated battery offense therefore expired on Au…
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C.B. v. State, 729 So. 2d 538 (Fla. 1st DCA 1999)…was within one year of imposition of the original sentence. Thus, the process of revocation was set in motion in a timely fashion. See T.M.B. v. State, 689 So. 2d 1215 (Fla. 1st DCA 1997), approved, 716 So. 2d 269 (Fla.1998); and see Tyson v. State, 655 So. 2d 214 (Fla. 1st DCA 1995), and Hoffman v. State, 24 Fla. L. Weekly D566, 729 So. 2d 421, 1999 WL 73696 (Fla. 1st DCA Feb.18, 1999). However, we must reverse the sentence and remand for resentencing because, as the appellee correctly concedes, the appell…
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