DANNY BAKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Trial court lacked jurisdiction to revoke probation where the arrest warrant was not delivered to the sheriff's department until years after the probationary period had expired, requiring reversal.
A trial court lacks jurisdiction to revoke probation after the probationary period expires unless the revocation process is set in motion during the probationary period by delivery of the arrest warrant to the executive officer.
[1] A trial court loses jurisdiction to revoke probation after the probationary period expires unless the revocation process is initiated during the probationary period by de…
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Join FLexlaw to unlock all legal intelligence“a trial court lacks jurisdiction to revoke probation after the probationary period for a violation that occurs during the probationary period unless the revocation process is set in motion during the probationary period”
Court cited State v. Boyd for the controlling legal standard on probation revocation jurisdiction.
An arrest warrant for a probation violation was signed on June 20, 1979, but was not received by the sheriff's department and executed until April 12,…
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PER CURIAM.
On June 20, 1979, a circuit court judge signed a warrant ordering Appellant’s arrest for a probation violation. However, that warrant was not received by the sheriffs department and executed until April 12, 2000. Nevertheless, on January 19, 2001, the trial court revoked Appellant’s probation and sentenced him to five years in prison. Because the arrest warrant was delivered to the sheriffs department years after Appellant’s five-year probationary sentence had expired, we hold that the trial court did not have jurisdiction to revoke Appellant’s probation. As explained in State v. Boyd, 717 So. 2d 524, 526 (Fla.1998), “a trial court lacks jurisdiction to revoke probation after the probationary period for a violation that occurs during the probationary period unless the revocation process is set in motion during the probationary period.” In order to be set in motion, the arrest warrant must be delivered to the executive officer. Id. Accordingly, we REVERSE and REMAND with directions that the order revoking Appellant’s probation and the judgment and sentence entered subsequent thereto be vacated; that the affidavit alleging a violation of Appellant’s probation be dismissed; and that Appellant be discharged.
REVERSED and REMANDED.
BOOTH, MINER and KAHN, JJ„ concur.