JAMES WILLIAM BOSTWICK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court lacked jurisdiction to revoke probation in one case because the affidavit of violation was filed after the probationary term expired, but found no error in the other case.
Appellant's probation was revoked in two cases. In one case, the affidavit of violation was filed after the probationary term expired. The State conce…
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PER CURIAM.
On this appeal filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), counsel for James William Bostwick, the appellant, suggests possible error with respect to sentences in trial court case numbers 87-8294 and 88-15949. Those sentences were imposed upon the revocation of Bostwick’s probation in each case.
The record shows the trial court was without jurisdiction to revoke Bostwiek’s probation in case number 88-15949, because the 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 revocation order and sentence imposed in that case.
Accordingly, this cause is vacated in part and affirmed in part.
FRANK, A.C.J., and THREADGILL and FULMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jett v. State, 722 So. 2d 211 (Fla. 1st DCA 1998)…ion before Mr. Jett made restitution, and the State does not contend otherwise. A trial court is without jurisdiction to revoke probation where the “affidavit of violation was filed after the expiration of the probationary term.” Bostwick v. State, 703 So. 2d 1160, 1161 (Fla. 2d DCA 1997). Since no “appropriate steps” were taken to revoke probation until after appellant had paid restitution in full, it is immaterial whether “the [*216] Defendant was m [so-called] violation status when he made restitution.” Ou…
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Belt v. State, 748 So. 2d 386 (Fla. 5th DCA 2000)…t of violation is not filed until after the term of probation has expired. See Francois v. State, 695 So. 2d 695 (Fla. 1997); Jett v. State, 722 So. 2d 211 (Fla. 1st DCA 1998); Harris v. State, 720 So. 2d 1145 (Fla. 3rd DCA 1998); Bostwick v. State, 703 So. 2d 1160 (Fla. 2d DCA 1997); McGraw v. State, 700 So. 2d 183 (Fla. 4th DCA 1997); Fellman v. State, 673 So. 2d 155 (Fla. 5th DCA 1996). The state contends that Belt’s probation did not expire until July, 1998. This construction of his sentence ignores the l…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Delaughter v. State, 664 So. 2d 1156 (Fla. 2d DCA 1995)