ELVIN OTIS MORGAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2000-05-17
No. 2D99-1779
BLUE, A.C.J., and FULMER, J., Concur.
757 So. 2d 618 Florida District Court of Appeal, Second District (2000) Positive Treatment
Cited by 27 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Elvin Morgan appealed the revocation of his community control and resulting prison sentence. The court reversed, holding that the trial court lacked jurisdiction to revoke Morgan's community control because the arrest warrant was not signed until three days after his original community control term had expired.


Holding

The trial court lacked jurisdiction to revoke Morgan's community control because the revocation process is set in motion only when an arrest warrant is signed and delivered to the proper executive officer. Since the warrant was not signed until January 8, 1998, three days after the community control term expired on January 5, 1998, the revocation process had not begun before expiration, depriving the court of subject matter jurisdiction.


Headnotes

[1] A trial court lacks jurisdiction to revoke community control if the term of community control has expired before the revocation process is initiated by the issuance of an…

[2] For purposes of initiating a revocation proceeding, an arrest warrant is issued when a judge signs the warrant and it is delivered to the proper executive officer for exe…

Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“a revocation proceeding is set in motion when the arrest warrant is issued; for the purposes of this case, 'an arrest warrant is not issued until a judge signs the warrant and the warrant is delivered to the proper executive officer for execution.'”

Establishes the legal standard for when revocation jurisdiction commences

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Morgan was adjudicated guilty on January 6, 1997, and began serving concurrent one-year terms of community control followed by one year of probation. …

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
STRINGER, Judge.

STRINGER, Judge.

Elvin Morgan appeals from the revocation of his community control and the resulting sentence. We reverse because the trial court was without jurisdiction to revoke Morgan’s community control.

On January 6, 1997, the trial court adjudicated Morgan guilty of possession of cocaine, depriving an officer of means of protection or communication, obstructing or opposing an officer with violence, and two counts of battery on a law enforcement officer. On" that same day, Morgan began serving concurrent one-year terms of community control, to be followed by one year of. probation. • An affidavit alleging that. Morgan violated two conditions of his community control, was signed on December '31, 1997. The court signed an arrest warrant on January 8, 1998, three days after the term of Morgan’s community control had expired. On February 17, 1998, ..the trial court revoked Morgan’s community control and sentenced him to two years’ community control to be followed by two years’ probation.

While serving the new community control term, an affidavit was signed on December 2, 1998, alleging that Morgan had violated three conditions of his community control. The trial court signed the warrant on. January 28, 1999. On April 13, 1999, the trial court revoked Morgan’s community control and sentenced him to 34.6 months’ imprisonment.

Morgan now correctly contends that the trial court was without jurisdiction when it originally revoked his community control because he had completed the term of community control before the revocation process was set in motion. A revocation proceeding is set in motion when the arrest warrant is issued; for the purposes of this case, “an arrest warrant is not issued until a judge signs the warrant and the warrant is delivered to the proper executive officer for execution.” State v. Boyd, 717 So. 2d 524, 526 (Fla.1998).1 Here, the trial court did not even sign the arrest warrant until January 8, 1998, three days after Morgan’s original term of community control expired on January 5, 1998.

Thus, the revocation process had not been set in motion before Morgan’s community control expired, and the trial court lacked jurisdiction to revoke his community control and impose a new sentence. See id.; Slingbaum v. State, 751 So. 2d 89 (Fla. 2d DCA 1999); McNeal v. State, 741 So. 2d 1205 (Fla. 1st DCA 1999).

We note that because the trial court lacked subject matter jurisdiction, see Hoffman v. State, 729 So. 2d 421 (Fla. 1st DCA 1999), Morgan could raise this defect at any time. See Tatum v. State, 736 So. 2d 1214 (Fla. 1st DCA 1999); C.W. v. State, 637 So. 2d 28 (Fla. 2d DCA 1994).

The trial court had no jurisdiction to impose Morgan’s new terms of community control and probation-on February 17, 1998.

Consequently, we must vacate the prison sentence that Morgan is currently serving because it is predicated upon violation of the new community control which the trial court was without jurisdiction to impose. Morgan’s original sanction of community control and probation totaled two years. These terms, imposed January 6, 1997, were never properly revoked, and Morgan’s term of supervision should have terminated January 5, 1999.

Accordingly, we reverse and remand with directions that the orders revoking community control and resulting judgments and sentences be vacated, that the affidavits alleging violations of community control be dismissed, and that Morgan be discharged on these offenses.

Reversed and remanded.

BLUE, A.C.J., and FULMER, J., Concur. . In Slingbaum v. State, 751 So. 2d 89 (Fla. 2d DCA 1999), this court recognized that Boyd has been superseded by statute regarding the definition of when a warrant issues. Under § 901.02(1), Florida Statutes (1999), which is prospective in application, a warrant is issued when the judge signs it. See Slingbaum, 751 So. 2d at 90, n. 1.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (14 total)

  • Woods v. State, 879 So. 2d 651 (Fla. 5th DCA 2004)
    …ctional [*655] error appears or where the interests of justice present a compelling demand for its application.”); Saka v. Saka, 831 So. 2d 709 (Fla. 3d DCA 2002); Cesaire v. State, 811 So. 2d 816, 817 (Fla. 4th DCA 2002)); see also Morgan v. State, 757 So. 2d 618 (Fla. 2d DCA 2000); Hoffman v. State, 729 So. 2d 421 (Fla. 1st DCA 1999).…
  • Sepulveda v. State, 909 So. 2d 568 (Fla. 2d DCA 2005)
    …So. 2d 349, 350 (Fla. 2d DCA 2000); Baroulette v. McCray, 904 So. 2d 575, 576 (Fla. 3d DCA 2005); Stambaugh v. State, 891 So. 2d 1136, 1139 (Fla. 4th DCA 2005). Under section 901.02(1), the warrant is issued when the judge signs it. Morgan v. State, 757 So. 2d 618, 619 n. 1 (Fla. 2d DCA 2000); Slingbaum v. State, 751 So. 2d 89, 90 n. 2 (Fla. 2d DCA 1999). With respect to the timeliness of allegations in the successive affidavits of violation filed in this case, allegations of an affidavit of violation are ti…
  • Ermatinger v. State, 866 So. 2d 698 (Fla. 2d DCA 2003)
    …ugust 27, 2000. Because the revocation process did not begin until October, after Ermatinger’s period of community control expired, the trial court was without jurisdiction to revoke his community control for aggravated battery. See Morgan v. State, 757 So. 2d 618 (Fla. 2d DCA 2000); Hoffman, 729 So. 2d 421. Accordingly, we reverse and remand with directions that the affidavit alleging violations of community control on this offense be dismissed, that the order revoking Er-matinger’s community control be vaca…

Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw