BOBBY SHROPSHIRE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Bobby Shropshire appealed the denial of his post-conviction motion challenging his sentencing guidelines scoresheet and claiming ineffective assistance of counsel. The appellate court reversed on the scoresheet error claims, finding that the trial court lacked jurisdiction to revoke his misdemeanor probation because the arrest warrant was not delivered for execution before the probationary period expired.
The court reversed the denial of Shropshire's scoresheet error claims, finding that the mere filing of an affidavit of probation violation is insufficient to retain trial court jurisdiction; instead, the arrest warrant must be delivered for execution before the probationary period expires. The court affirmed the denial of the ineffective assistance claim without discussion.
[1] A defendant's claims of scoresheet errors in a guidelines scoresheet can be raised in a motion for postconviction relief.
[2] The mere filing of an affidavit of probation violation is insufficient to retain jurisdiction to revoke probation if the arrest warrant is not delivered for execution bef…
Previewing 2 of 4 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“The mere filing of an affidavit of violation of probation is insufficient to ensure retention of jurisdiction by the trial court over a defendant to revoke his probation.”
Establishes the core legal principle that filing alone is not enough; execution of the arrest warrant is required.
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Join FLexlaw to unlock all legal intelligenceShropshire was convicted of aggravated battery while on probation for a prior misdemeanor battery offense. He was sentenced to time served on the misd…
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PER CURIAM.
Bobby Shropshire appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In his motion, Shropshire raises one claim of ineffective assistance of trial counsel and three claims of scoresheet errors. We reverse only as to Shropshire’s claims of scoresheet errors addressed in this opinion. We affirm in all other respects without discussion.
In this case, Shropshire was found guilty of aggravated battery, a felony. At the time of this offense, he was on probation for misdemeanor battery in case number 96-19719. As a result of his felony conviction in this case, he was found to have violated his probation in case number 96-19719. He was sentenced at a single sentencing hearing to time served in case number 96-19719 and to six years in prison in this case. Shropshire asserts that there are errors in his guidelines scoresheet. He contends that he should not have been assessed points in the “additional offense” section or in the “community sanction violation” section of his guidelines scoresheet for his misdemeanor battery conviction because the probationary term for that offense expired before revocation of probation and sentencing. These claims can be raised in a rule 3.850 motion. See Belt v. State, 748 So. 2d 386 (Fla. 5th DCA 2000) (reversing summary denial of rule 3.850 claim that appellant’s probation was improperly violated because he should have received 120 days credit for time served in jail, and if he had, his probation would have expired before he allegedly violated his probation).
The trial court denied relief, concluding that because the affidavit of violation of probation was filed before Shropshire’s probation expired, Shropshire’s misdemeanor offense was properly before the court for sentencing. The trial court therefore determined that the misdemean-or was properly scored as an additional 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 affidavit of violation of probation itself is filed within the probationary period. See Paulk, 733 So. 2d at 1097.
Here, we have no record attachments that show when the arrest warrant which ensued from Shropshire’s violation of probation was delivered for execution. Therefore, we cannot tell whether the trial court had jurisdiction over Shropshire to find him in violation of his misdemeanor probation. We accordingly reverse and remand for the trial court to conduct further proceedings on this issue only.
Affirmed in part, reversed in part.
FULMER, A.C.J., and GREEN and DAVIS, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Sepulveda v. State, 909 So. 2d 568 (Fla. 2d DCA 2005)…a ruling on the violation.” (Emphasis added.) Both the filing of an affidavit of violation and the issuance of an arrest warrant are required to toll the probationary period, and the mere filing of the affidavit is insufficient. Shropshire v. State, 775 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…
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Cardali v. State, 794 So. 2d 719 (Fla. 3d DCA 2001)
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Rodnye Baroulette v. McCRAY, 904 So. 2d 575 (Fla. 3d DCA 2005)…524 (Fla.1998). The mere filing of an affidavit of violation 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 t…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Shiver v. State, 717 So. 2d 524 (Fla. 1998)
- Paulk v. State, 733 So. 2d 1096 (Fla. 3d DCA 1999)
- Belt v. State, 748 So. 2d 386 (Fla. 5th DCA 2000)