HEATHER DUNHAM, APPELLANT,

v.

RAYMOND R. DUNHAM, APPELLEE

Citator

Cited By

• Manning v. State, 961 So. 2d 1135 (Fla. 2d DCA 2007)
  …. See [*1137] § 775.082(3)(d), Fla. Stat. (Supp.1998). Thus, Manning was illegally on probation and the trial court had no jurisdiction when it revoked his probation in 2006 and resentenced him on the aggravated assault charges. See Tucker v. State, 873 So. 2d 1239, 1241 (Fla. 2d DCA 2004). Therefore, we reverse the three sentences for aggravated assault imposed in January 2006 and remand for the trial court to strike those sentences. Because the present appeal is of the January 2006 sentencing order, that por…

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• Yevchak v. State, 952 So. 2d 1286 (Fla. 2d DCA 2007)
  …not have jurisdiction to revoke his probation and sentence him further on June 5, 2006, with respect to the [*1287] aggravated stalking conviction because he had already served in excess of five years on the third-degree felony. See Tucker v. State, 873 So. 2d 1239, 1241 (Fla. 2d DCA 2004); Aponte v. State, 896 So. 2d 836 (Fla. 1st DCA 2005). The State contends that Yevchak failed to preserve this issue for review because he did not raise it at the revocation hearing or file a motion to correct sentence pursua…
• Aponte v. State, 896 So. 2d 836 (Fla. 1st DCA 2005)
  …, 890 So. 2d 1234 (Fla. 1st DCA 2005) (“Because appellant’s probation expired prior to his being charged with violating the terms and conditions thereof, the trial court no longer had jurisdiction to conduct a revocation hearing.”); Tucker v. State, 873 So. 2d 1239, 1241 (Fla. 2d DCA 2004) (agreeing that because appellant “had served more than the statutory maximum of five years for the third-degree felonies ... she was not legally on probation at the time it was revoked [so that] the trial court was without j…

Authorities Cited

• Kern v. Kern, 333 So. 2d 17 (Fla. 1976)