K.L.T., A CHILD, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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.
An active juvenile probationary period is not tolled upon the filing of an affidavit of violation.
A juvenile's probation was set to expire on March 3, 2011. An affidavit of violation was filed, and a warrant issued, but the juvenile was not arreste…
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 Jurisdiction cases and more on FLexlaw
The juvenile petitioner K.L.T. sought habeas corpus relief asserting that his commitment to a high-risk program took place after his probation expired; therefore, the trial court lacked jurisdiction to violate his probation and recommit him. We agreed and ordered the immediate release of Petitioner from custody in case no. 2010-30393-CJCI, with this opinion to follow.
Prior to the end of Petitioner’s probationary sentence, an affidavit of violation was filed and a warrant issued. Petitioner was not arrested on the violation until after his probationary period would have ended on March 3, 2011. The only issue presented in this case is whether an active juvenile probationary period is tolled upon the filing of an affidavit of violation. If tolling is applicable, Petitioner’s probationary period did not continue to run and the trial court maintained jurisdiction over the probation and its conditions. If tolling is not applicable to juvenile probation, the trial court had no jurisdiction to violate Petitioner and impose an additional commitment after probation expired.
As Petitioner contends, there is no provision in the juvenile rules or statutes for tolling probation, unlike in adult cases. See Fla. Stat. § 948.06(d)(2009). This, coupled with Florida Juvenile Statute Section 949.01 which states that “[n]othing in chapters 947-949 [adult probation and parole statutes] shall be construed to change or modify the law respecting parole and probation as administered by [a] circuit court exercising jurisdiction,” supports Petitioner’s argument that the trial court lacked jurisdiction to violate Petitioner’s juvenile probation and order further commitment of Petitioner in this case.
*103Accordingly, the trial court had no jurisdiction to conduct a violation of probation hearing after Petitioner’s probationary term had expired, and habeas corpus is properly granted.
PETITION GRANTED.
MONACO, C.J, TORPY and COHEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
T.L.H. v. State, 93 So. 3d 396 (Fla. 2d DCA 2012)…of the Fifth District that there is no provision in either the statutes or the rules governing juvenile delinquency proceedings that allows for tolling of probation upon the filing of an affidavit and the issuance of a warrant. See K.L.T. v. State, 65 So. 3d 102 (Fla. 5th DCA 2011). In K.L.T., an affidavit alleging a violation of probation was filed and a warrant issued. The child was not arrested on the warrant until after the probation had terminated. Id. The Fifth District held that, unlike the statutor…
-
R.H. v. State, 93 So. 3d 1166 (Fla. 2d DCA 2012)…he statutes or the rules governing juvenile delinquency proceedings that allows for [the] tolling of probation upon the filing of an affidavit and the issuance of a warrant.” T.L.H. v. State, 93 So. 3d 396 (Fla. 2d DCA 2012) (citing K.L.T. v. State, 65 So. 3d 102 (Fla. 5th DCA 2011)). Because section 985.439(l)(b) and rule 8.120(a)(3) both- require either the State or the DJJ to file a petition alleging a violation of juvenile probation before revocation proceedings can occur and because no petition was file…
-
State v. T. A. K., 240 So. 3d 885 (Fla. 2d DCA 2018)…Fifth District that there is no provision in either the statutes or the rules governing juvenile delinquency proceedings that allows for tolling of probation upon the filing of an affidavit and the issuance of a warrant." (citing K.L.T. v. State, 65 So. 3d 102 (Fla. 5th DCA 2011))); see also X.G. v. State, 106 So. 3d 90, 91 n.1 (Fla. 2d DCA 2013) ("X.G.'s probation was set to expire . . . on August 11, 2011, and even though the affidavit/petition was filed in July 2011, there is no tolling provision app…