MICHAEL WILSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Wilson appeals the revocation of probation in two separate criminal cases. We affirm the revocation of probation in case number 98-13971 without comment. However, we reverse the revocation of probation in case number 98-1190 because, as the State concedes, Wilson was not placed on probation in this case during the original sentencing proceeding. Therefore, the trial court did not have jurisdiction over case number 98-1190 when the sentence of two years of community control had run. See McAvoy v. State, 760 So. 2d 1120 (Fla. 4th DCA 2000); see also J.D. v. State, 849 So. 2d 458 (Fla. 4th DCA 2003) (“Although this issue was not raised at the initial ... hearing below, a lack of jurisdiction constitutes fundamental error from which this court may grant relief even when present ed for the first time on appeal.”) (citing Holiday v. State, 753 So. 2d 1264, 1269 (Fla.2000)).
AFFIRMED IN PART, REVERSED AND REMANDED IN PART.
GUNTHER, STONE and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Carmona v. State, 33 So. 3d 838 (Fla. 4th DCA 2010)…urt lacked jurisdiction to revoke probation and sentence him on Count IV because he received a one-year sentence with credit for 729 days time served, which he had completed prior to the violation. The State agrees and so do we. See Wilson v. State, 895 So. 2d 527 (Fla. 4th DCA 2005) (reversing because the court lacked jurisdiction to impose a sentence for a violation of probation where defendant was not placed on probation at the original sentencing and his sentence had already been completed). We therefor…
Authorities Cited
- Zackery Holiday v. State, 753 So. 2d 1264 (Fla. 2000)
- J.D. v. State, 849 So. 2d 458 (Fla. 4th DCA 2003)
- McAVOY v. State, 760 So. 2d 1120 (Fla. 4th DCA 2000)