KELVIN D. HARRIS, A/K/A MICHAEL WATTS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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.
The appellate court affirmed the denial of the defendant's motion for postconviction relief, which sought to set aside the revocation of his probation, holding that while the trial court may have lost jurisdiction to adjudicate the violation, the defendant's primary objective was to set aside an earlier adjudication of guilt.
The court affirmed the denial of postconviction relief, finding that while the trial court may have lost jurisdiction to adjudicate the probation violation, the defendant's primary objective was to set aside an earlier adjudication of guilt.
[1] A trial court loses jurisdiction to adjudicate an affidavit of violation of probation if the warrant for the defendant's arrest is not delivered to the proper executive o…
[2] A challenge to a court's jurisdiction may be raised at any time, notwithstanding time limitations applicable to other postconviction relief claims.
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 intelligenceThe defendant's probation expired after an affidavit of violation was filed but before the warrant was executed. The probation was eventually revoked,…
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.
Explore caselaw by topic → Browse Affidavit Of Violation Of Probation cases and more on FLexlaw
COPE, J.
Kelvin D. Harris appeals an order denying his motion for postconviction relief. We affirm.
I.
By postconviction motion, defendant-appellant Harris argues that the revocation of his probation in Miami-Dade County Circuit Court case number 86-15006 should be set aside because the trial court had lost jurisdiction to adjudicate the affidavit of violation of probation. The defendant relies on State v. Boyd, 717 So. 2d 524 (Fla.1998). The trial court denied the postconviction motion as time-barred, and alternatively, without merit. The defendant has appealed.
In the 1986 case, the defendant entered a nolo contendere plea in exchange for an adjudication of guilt and a term of probation.
On October 8, 1987, the State filed an affidavit of violation of probation. On October 14, 1987, the term of probation expired.
On October 22, an alias capias was issued for the defendant’s arrest. This was delivered to the Warrants Bureau of the Miami-Dade County Police Department on October 23,1987.
The defendant was eventually served in Louisville, Kentucky on September 28, 1989. His probation was revoked and the defendant was sentenced to three months in county jail. There was no appeal of this disposition. The defendant is presently serving two life sentences in an unrelated case, Miami-Dade County Circuit Court case number 90-9210.
The defendant’s postconviction motion seeks to set aside the revocation of probation in the 1986 case. The primary relief requested by the defendant is to set aside his adjudication of guilt of the offense of carrying a concealed weapon.
II.
Under the facts of this case, the affidavit of violation of probation was filed during the probationary period, but the warrant was not delivered for execution until after the probationary period 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 argument finds support in the text of Florida Rule of Criminal Procedure 3.850(a)(2) and (3), case law establishes that the absence of jurisdiction may be raised at any time. See, e.g., Harrell v. State, 721 So. 2d 1185, 1186-87 (Fla. 5th DCA 1998); Novatan v. State, 610 So. 2d 726, 728 n. 3 (Fla. 3d DCA 1992), approved on other grounds, 634 So. 2d 607 (Fla.1994); Wesley v. State, 375 So. 2d 1093, 1094 (Fla. 3d DCA 1979).
For two reasons, however, we affirm the denial of postconviction relief. .
First, the defendant’s main objective is to set aside his adjudication of guilt on the charge of carrying a concealed weapon. The plea colloquy makes clear that the plea bargain was for an adjudication of guilt at the time the nolo contendere plea was entered in 1986. The defendant has the mistaken impression that adjudication of guilt was withheld in 1986, and that adjudication was imposed in 1989 at the time of the revocation of probation. In reality, the plea colloquy and the judgment both establish that there was an adjudication of guilt in 1986. The 1986 adjudication remains intact, and is not affected by any infirmity in the later probation revocation proceedings.2
Second, as relates to the actual revocation of probation, the defendant has long since completed his sentence. He is now incarcerated on other charges on which he is serving a life sentence. As the defendant is not adversely affected at this time by the 1989 order revoking his probation, we decline to entertain any challenge to that order. See Zynda v. State, 847 So. 2d 1140, 1140-41 (Fla. 3d DCA 2003); Saint-Fleur v. State, 840 So. 2d 261, 262 (Fla. 3d DCA 2002).
Affirmed.
. Effective July 1, 2001, the Legislature has changed the law. "Upon the filing of an affidavit alleging a violation of probation or community control and following issuance of a warrant under s. 901.02, the probationary period is tolled until the court enters a ruling on the violation.” § 948.06(1), Fla. Stat. (2001); ch.2001-109, § 1, Laws of Fla. . There is a scrivener’s error in the clerk's trial court minutes, which indicates a withhold of adjudication, but the transcript and judgment are clear that there was an adjudication.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Carbajal v. State, 75 So. 3d 258 (Fla. 2011)…850. The Second District certified that its decision on this issue expressly and directly conflicts with the following decisions: Gunn v. State, 947 So. 2d 551 (Fla. 4th DCA 2006); Brown v. State, 917 So. 2d 272 (Fla. 5th DCA 2005); Harris v. State, 854 So. 2d 703 (Fla. 3d DCA 2003); and Harrell v. State, 721 So. 2d 1185 (Fla. 5th DCA 1998). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. Although the Second District’s ruling was based on its holding that the rule 3.850 time limits apply to claims a…
-
Carbajal v. State, 28 So. 3d 187 (Fla. 2d DCA 2010)…in rule 3.850(b) is inapplicable to a motion alleging that the circuit court lacked jurisdiction to enter the defendant’s judgment or sentence. See, e.g., Gunn v. State, 947 So. 2d 551 (Fla. 4th DCA 2006); Brown, 917 So. 2d at 273; Harris v. State, 854 So. 2d 703 (Fla. 3d DCA 2003); Harrell v. State, 721 So. 2d 1185 (Fla. 5th DCA 1998).2 We do not find these cases persuasive because they do not explain why they apparently concluded that the two-year limit in rule 3.850 did not extinguish the defendant’s righ…
-
Bryant v. State, 971 So. 2d 818 (Fla. 3d DCA 2007)…at 500; Williams, 925 So. 2d at 428. A claim that the trial court was without jurisdiction may be raised under Florida Rule of Criminal Procedure 3.850(a)(3). Under the case law, “absence of jurisdiction may be raised at any time.” Harris v. State, 854 So. 2d 703, 705 (Fla. 3d DCA 2003), and cases cited therein. Treating the motion as having been filed under Rule 3.850, the motion was correctly denied. Defendant-appellant Bryant maintains that the circuit court was without jurisdiction to try him because he…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Novaton v. State, 634 So. 2d 607 (Fla. 1994)
- Shiver v. State, 717 So. 2d 524 (Fla. 1998)
- Novaton v. State, 610 So. 2d 726 (Fla. 3d DCA 1992)
- Gainey v. State, 721 So. 2d 1185 (Fla. 1st DCA 1998)
- Wesley v. State, 375 So. 2d 1093 (Fla. 3d DCA 1979)
- Paulk v. State, 733 So. 2d 1096 (Fla. 3d DCA 1999)
- Saint-Fleur v. State, 840 So. 2d 261 (Fla. 3d DCA 2002)
- KSK Grp., Inc. v. Medrano, 847 So. 2d 1140 (Fla. 3d DCA 2003)
- Zynda v. State, 847 So. 2d 1140 (Fla. 3d DCA 2003)