STEVEN COLLIER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Steven Collier appeals the revocation of his probation and resulting 55.2-month prison sentence. The court reversed because the trial court lacked jurisdiction to revoke probation when the affidavit alleging violation was filed after the five-year probationary period had already expired.
The trial court lacked jurisdiction to revoke Collier's probation because the affidavit alleging violation was not filed before the probationary period expired. Under Florida law, the probationary period is tolled only upon filing of an affidavit, and since no timely affidavit was filed, the probation period expired and the court lost jurisdiction.
[1] A trial court lacks jurisdiction to revoke probation if the affidavit alleging a violation is not filed before the probationary period expires.
[2] A probationary period is tolled only upon the filing of an affidavit alleging a violation of probation and the subsequent issuance of a warrant, warrantless arrest, or no…
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Join FLexlaw to unlock all legal intelligence“Because the appellant's probation term had already expired at the time the affidavit was filed, we conclude that the trial court lacked jurisdiction to revoke Collier's probation and therefore reverse.”
States the core holding that lack of jurisdiction requires reversal when the affidavit is filed after probation expires.
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Join FLexlaw to unlock all legal intelligenceCollier was placed on probation for five years on December 19, 2002, making his probationary period expire on December 18, 2007. The trial judge signe…
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The appellant, Steven Collier, appeals the revocation of his probation and subsequent sentence of 55.2 months in state prison. On appeal, Collier claims that the trial court lacked jurisdiction to revoke his probation because the affidavit alleging a violation of probation was not filed before Collier’s probationary period expired. Because the appellant’s probation term had already expired at the time the affidavit was filed, we conclude that the trial court lacked jurisdiction to revoke Collier’s probation and therefore reverse.
On December 19, 2002, the appellant was placed on probation for five years. Accordingly, the appellant’s term of probation expired on December 18, 2007.1
The record before us is devoid of any type of affidavit of violation of probation. The only glimmer of evidence as to a violation of probation affidavit is a clerk’s computer docket notation indicating that the required affidavit was filed on December 19, 2007-still at least one day late.
Because the trial court had been previously divested of its jurisdiction over the appellant, we must reverse the order revoking appellant’s probation and remand this cause to the trial court for further proceedings consistent with this opinion. See Ford v. State, 994 So.2d 1244 (Fla. 4th DCA 2008); Jean-Gilles v. State, 921 So.2d 860 (Fla. 4th DCA 2006).
*342In light of our holding, it is unnecessary for us to reach the other issues raised on appeal.
Reversed and remanded.
FARMER, CIKLIN, JJ. and LEBAN, MARK KING, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Crum v. State, 42 So. 3d 964 (Fla. 4th DCA 2010)…or a one year period beginning August 27, 2007. On August 27, 2008, a probation officer filed an affidavit of violation of probation, and an arrest warrant was issued on the same day. The State concedes it was one day too late. See Collier v. State, 16 So. 3d 340 (Fla. 4th DCA 2009) (stating that 5-year probation period starting December 19, 2002, expired on December 18, 2007). We have construed § 948.06(1) to require filing of the papers and issuance of the arrest warrant before the period of probation ha…
Authorities Cited
- Jean-Gilles v. State, 921 So. 2d 860 (Fla. 4th DCA 2006)
- Ford v. State, 994 So. 2d 1244 (Fla. 4th DCA 2008)