JOSHUA TROY DOOLY
v.
STATE OF FLORIDA
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A trial court lacks jurisdiction to revoke probation and resentence a defendant after he has already served the statutory maximum time on probation.
[1] A trial court is deprived of jurisdiction to revoke probation and impose sentence after a defendant has served the statutory maximum time on probation, regardless of when…
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Join FLexlaw to unlock all legal intelligenceJoshua Troy Dooly was placed on probation in 2008. The trial court attempted to revoke his probation and resentence him, but this occurred after he ha…
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The State properly concedes that the trial court lacked jurisdiction in this case to revoke Appellant’s probation and resentence him because he had already served the statutory maximum time on probation before the filing of the probation violation affidavit. Tate v. State, 191 So. 3d 535 (Fla. 1st DCA 2016). Accordingly, we reverse and remand with directions to discharge Appellant in Escambia County circuit court case number 2008-CF-006266-B. Id.
REVERSED and REMANDED with directions.
ROWE, JAY, and M.K. THOMAS, JJ., concur.
2
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.