KAREN DELAUGHTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1995-12-20
No. 94-03849
THREADGILL, C.J., and RYDER, J., concur.
664 So. 2d 1156 Florida District Court of Appeal, Second District (1995) Positive Treatment
Cited by 6 cases
Topics
Affidavit Of Violation Of Probation Jurisdiction To Revoke Probation Probation Revocation Jurisdiction

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Opinion of the Court
WHATLEY, Judge.

WHATLEY, Judge.

The appellant, Karen Delaughter, challenges the trial court’s jurisdiction to revoke her probation for offenses which occurred in 1986. The state correctly concedes that the trial court lacked jurisdiction in this instance, as the affidavits of violation of probation were filed after Delaughter’s probationary terms for the 1986 offenses expired. See State v. Hall, 641 So. 2d 403 (Fla.1994); Davis v. State, 623 So. 2d 579 (Fla. 3d DCA 1993). Further, since the affidavits of violation of probation involved herein were filed only as to the aforementioned 1986 offenses, the trial court improperly revoked De-Laughter’s community control in case no. CF91-618 in which no affidavit of violation was filed. Since these issues are dispositive of the case, we do not address the remaining issues Delaughter has raised on this appeal.

Accordingly, we hereby vacate the trial court’s order revoking Delaughter’s probation in trial court case numbers CF86-645, CF86-646, and CF91-618.

THREADGILL, C.J., and RYDER, J., concur.

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  • Celebrity Cruises, Inc. v. Vicente J. Fernandes, 149 So. 3d 744 (Fla. 3d DCA 2014)
    …(emphasis removed) and Mizrahi v. Mizrahi, 867 So. 2d 1211, 1213 (Fla. 3d DCA 2004) (“Due process protections prevent a trial court from deciding matters not noticed for hearing and not the subject of appropriate pleadings.”)); Atala v. Kopelowitz, 664 So. 2d 1156, 1157 (Fla. 3d DCA 1995) (holding that striking of pleadings for failure to comply with discovery was error where party was not given notice that such a sanction was being considered); Epic Metals Corp. v. Samari Lake E. Condo. Ass’n, Inc., 547 So.…
  • Jett v. State, 722 So. 2d 211 (Fla. 1st DCA 1998)
    …decline to do so. State v. Hall, 641 So. 2d 403, 404 (Fla.1994). See Boyd v. State, 699 So. 2d 295 (Fla. 1st DCA 1997); Izquierdo v. State, 693 So. 2d 1156 (Fla. 3d DCA 1997); Jones v. State, 688 So. 2d 451 (Fla. 5th DCA 1997); Delaughter v. State, 664 So. 2d 1156 (Fla. 2d DCA 1995); Davis v. State, 623 So. 2d 579 (Fla. 3d DCA 1993); Aguiar v. State, 593 So. 2d 1225 (Fla. 3d DCA 1992). In originally pronouncing sentence in Case No. 91-774 (among others) on September 19, 1991, the Honorable N. Russell Bower i…
  • Bostwick v. State, 703 So. 2d 1160 (Fla. 2d DCA 1997)
    …e record shows the trial court was without jurisdiction to revoke Bostwiek’s probation in case number 88-15949, because the [*1161] affidavit of violation was filed after the expiration of the probationary term in that ease. See Delaughter v. State, 664 So. 2d 1156 (Fla. 2d DCA 1995). The State concedes error. We therefore vacate the revocation order and sentence in trial court case number 88-15949. The record reveals no error with respect to trial court ease number 87-8294. We therefore affirm the revocatio…

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