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Bell v. State

681 So. 2d 1205, 1996 Fla. App. LEXIS 11392, 1996 WL 625537
Procedural entryThis page is a short order in Bell v. State. Read the opinion of the Court — 643 So. 2d 674 →
District Court of Appeal of Florida·Decided October 30, 1996·No. No. 96-2359·Published

Opinion

PER CURIAM.

Because the appellant had been on probation for more than five years when the affidavit for violation of probation was filed, the maximum probationary term authorized by law for the third degree felony of possession of cocaine had already expired. The trial court therefore lacked jurisdiction to impose any further sentence. Accordingly, the appellant’s thirty-month prison sentence is vacated and this case is remanded with directions that the appellant be discharged.

MINER, ALLEN and MICKLE, JJ., concur.

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Bell v. State, 681 So. 2d 1205, 1996 Fla. App. LEXIS 11392, 1996 WL 625537 (Fla. Ct. App. 1996).

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