MARCINE HOWARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
We reverse the order of revocation of probation entered on remand, because the trial court lacked jurisdiction to revoke probation. As the state concedes, the amended affidavit and warrant were not filed and executed until after the period of probation had expired. See State v. Hall, 641 So. 2d 403 (Fla.1994) (holding that the trial court could not consider new charges in the amended affidavit of probation violation where the original affidavit was timely filed, but the amended affidavit was not filed until after the probationary period had expired).
Accordingly, we reverse the order finding a violation of probation and remand with directions to vacate the order and sentence entered thereon.
POLEN, SHAHOOD and TAYLOR, JJ., concur.
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K.P. v. State, 952 So. 2d 1229 (Fla. 5th DCA 2007)…who is awaiting placement in a moderate-risk residential program must be removed from detention within 5 days.... Any child held in secure detention during the 5 days must meet detention admission criteria under this part.” See also C.D.T. v. State, 920 So. 2d 787 (Fla. 5th DCA 2006). K.P. additionally asserts that the trial court lacked the discretion to order an adjudicated juvenile awaiting placement to a moderate risk commitment facility to be held in secure detention for more than the 5 days contemplate…
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T.D.S. v. State, 922 So. 2d 346 (Fla. 5th DCA 2006)…Fla. 1st DCA 2005), and require the trial judge to either enter a written order per section 985.215(2), or order T.D.S.’s release from secure detention within a short period of time. This Court has decided not to take that path. See C.D.T. v. State, 920 So. 2d 787 (Fla. 5th DCA 2006). Accordingly, the petition for writ of ha-beas corpus is hereby granted, and T.D.S. shall be released immediately from secure detention. See D.B. v. State, 848 So. 2d 1219 (Fla. 3d DCA 2003) (releasing child from home detention…
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- State v. Hall, 641 So. 2d 403 (Fla. 1994)