KENNETH PAULK, ET AL., APPELLANTS,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1999-05-19
No. 98-1262
Before SCHWARTZ, C.J., and NESBITT and JORGENSON, JJ.
733 So. 2d 1096 Florida District Court of Appeal, Third District (1999) Positive Treatment
Cited by 10 cases

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Synopsis

Thirteen defendants appeal convictions for probation violations in domestic violence cases. The court reverses and remands because the trial court lacked subject matter jurisdiction, as arrest warrants were not delivered for execution before the probationary period expired, even though violation affidavits were filed within the probationary period.


Holding

Yes. The arrest warrant must be delivered for execution before the probationary period expires. Even though the violation affidavits were timely filed, the probation revocation process is not set in motion until the warrant is signed by a judge and delivered to the proper executive officer for execution, which must occur before the probationary period expires for the court to retain jurisdiction.


Headnotes

[1] A court is divested of jurisdiction over a probationer when the probationary period expires, unless appropriate steps to revoke or modify probation were taken prior to th…

[2] For a court to retain jurisdiction to revoke probation, an arrest warrant stemming from an affidavit of violation of probation must be delivered for execution before the…

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Key Quotes

“[A]n arrest warrant is not issued for the purpose of setting in motion the probation revocation process until a judge has signed the warrant and the warrant has been delivered to the proper executive officer for execution.”

Establishes the controlling legal standard from Boyd that delivery of the warrant is required to set the revocation process in motion and establish jurisdiction.

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Facts & Procedural History

All thirteen defendants were placed on one-year probation with a special condition to complete a 26-week domestic violence counseling course. The Stat…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

In these consolidated eases, thirteen defendants appeal from judgments of conviction entered after probation revocation hearings.1 For the reasons that follow, we reverse.

In all of these cases, the defendants had been placed on probation for one year, with a special condition that they enroll in and complete a 26-week course of domestic violence counseling sessions.2 Within the one-year period, the State filed Affida vits of Violation of Probation alleging that each defendant failed to appear for intake at the probation program or failed to attend the mandated counseling sessions. Although each of the Affidavits of Violation of Probation was filed within the one-year probationary period, none of the ensuing arrest warrants was delivered to the sheriff or other officer for execution within that period. Each defendant moved to dismiss the Affidavit of Violation of Probation, alleging that the county court lacked subject matter jurisdiction, as the probationary period had expired prior to the warrants being delivered for execution. Each defendant entered a nolo contendere plea and reserved the right to appeal the denial of the motion to dismiss. The County Court’s Domestic Violence Division, sitting en banc, conducted an en mass hearing to determine the jurisdictional question; denied the motions; and sentenced the defendants. The court certified six questions of great public importance; this court accepted jurisdiction.

Because we are bound by the rule of law pronounced by the Florida Supreme Court in State v. Boyd, 717 So. 2d 524 (Fla.1998), we reverse and remand with directions to discharge the defendants for lack of subject matter jurisdiction. We rephrase the six questions certified by reducing them to the one dispositive issue in this case:

To comply with the supreme court decision in Boyd v. State[State v. Boyd], 717 So. 2d 524 (Fla.1998), in order for the court to retain jurisdiction over the defendant to revoke probation, must the arrest warrant that ensues from the affidavit of violation of probation be delivered for execution before the probationary period expires, even when the affidavit of violation of probation itself is filed within the probationary period?

We answer that question in the affirmative. The language in Boyd is unequivocal. “[A]n arrest warrant is not issued for the purpose of setting in motion the probation revocation process until a judge has signed the warrant and the warrant has been delivered to the proper executive officer for execution.” Boyd, 717 So. 2d at 524 (emphasis added). Therefore, even though the Affidavits of Violation of Probation were filed within the probationary period, the “probation revocation process” as defined in Boyd was not set in motion within that period, and the county court did not have jurisdiction over these revocation proceedings.3 See Francois v. State, 695 So. 2d 695, 697 (Fla.1997) (“[W]hen a probationary period expires, the court is divested of jurisdiction over the probationer unless, prior to that time, the appropriate steps were taken to revoke or modify the probation.”).

Furthermore, the mandate of Boyd and Francois cannot be avoided by construing the defendants’ violations of probation as “absconding” that would toll the probationary period. See Francois, 695 So. 2d at 697 (holding that the failure to satisfactorily meet the conditions of probation is not the legal equivalent of “absconding” and does not toll the probationary period).

Reversed and remanded for further consistent proceedings.

. Some of the thirteen defendants had more than one case pending.

. The defendants were all charged with misdemeanor domestic violence offenses.

. We note that at the time the county court entered the order on appeal, it did not have the benefit of the mandate of Boyd.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Rodnye Baroulette v. McCRAY, 904 So. 2d 575 (Fla. 3d DCA 2005)
    …tion of probation is insufficient to ensure a trial court’s jurisdiction over a defendant for the purpose of revoking probation after the probationary period has concluded. Shropshire v. State, 775 So. 2d 349, 350 (Fla. 2d DCA 2000); Paulk v. State, 733 So. 2d 1096, 1097 (Fla. 3d DCA 1999). Rather, an arrest warrant must ensue out of the violations alleged in the affidavit. State v. Boyd, 717 So. 2d 524, 525 (Fla.1998)(execution of an arrest warrant by the appropriate judicial official and delivery to sheriff…
  • Harris v. State, 854 So. 2d 703 (Fla. 3d DCA 2003)
    …expired. Under the law applicable to the defendant’s case, the warrant had to be delivered to the proper executive officer for execution prior to the expiration of the term of probation. State v. Boyd, 717 So. 2d 524, 526 (Fla.1998); Paulk v. State, 733 So. 2d 1096, 1097 (Fla. 3d DCA 1999).1 Thus, the defendant is correct in saying that the trial court lost jurisdiction to adjudicate the affidavit of violation of probation. The State argues that the defendant’s postconviction motion is time-barred. While this…
  • Shropshire v. State, 775 So. 2d 349 (Fla. 2d DCA 2000)
    …tional offense and as a community sanction violation. We must reverse. The mere filing of an affidavit of probation is insufficient to ensure retention of jurisdiction by the trial court over a defendant to revoke his probation. See Paulk v. State, 733 So. 2d 1096 (Fla. 3d DCA 1999) (relying on State v. Boyd, 717 So. 2d 524 (Fla.1998)). Instead, the arrest warrant that ensues from the affidavit of violation of probation must be delivered for execution before the probationary period expires — even when the aff…

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