Delaughter v. State

District Court of Appeal of Florida

Delaughter v. State

664 So. 2d 1156, 1995 Fla. App. LEXIS 13011, 1995 WL 750315

CourtDistrict Court of Appeal of Florida

DecidedDecember 20, 1995

DocketNo. 94-03849

StatusPublished

Cited by2 cases

This text of 664 So. 2d 1156 (Delaughter v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Delaughter v. State, 664 So. 2d 1156, 1995 Fla. App. LEXIS 13011, 1995 WL 750315 (Fla. Ct. App. 1995).

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Opinion

WHATLEY, Judge.

The appellant, Karen Delaughter, challenges the trial court’s jurisdiction to revoke her probation for offenses which occurred in 1986. The state correctly concedes that the trial court lacked jurisdiction in this instance, as the affidavits of violation of probation were filed after Delaughter’s probationary terms for the 1986 offenses expired. See State v. Hall, 641 So.2d 403 (Fla.1994); Davis v. State, 623 So.2d 579 (Fla. 3d DCA 1993). Further, since the affidavits of violation of probation involved herein were filed only as to the aforementioned 1986 offenses, the trial court improperly revoked De-Laughter’s community control in case no. CF91-618 in which no affidavit of violation was filed. Since these issues are dispositive of the case, we do not address the remaining issues Delaughter has raised on this appeal.

Accordingly, we hereby vacate the trial court’s order revoking Delaughter’s probation in trial court case numbers CF86-645, CF86-646, and CF91-618.

THREADGILL, C.J., and RYDER, J., concur.

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WHATLEY, Judge.

The appellant, Karen Delaughter, challenges the trial court’s jurisdiction to revoke her probation for offenses which occurred in 1986. The state correctly concedes that the trial court lacked jurisdiction in this instance, as the affidavits of violation of probation were filed after Delaughter’s probationary terms for the 1986 offenses expired. See State v. Hall, 641 So.2d 403 (Fla.1994); Davis v. State, 623 So.2d 579 (Fla. 3d DCA 1993). Further, since the affidavits of violation of probation involved herein were filed only as to the aforementioned 1986 offenses, the trial court improperly revoked De-Laughter’s community control in case no. CF91-618 in which no affidavit of violation was filed. Since these issues are dispositive of the case, we do not address the remaining issues Delaughter has raised on this appeal.

Accordingly, we hereby vacate the trial court’s order revoking Delaughter’s probation in trial court case numbers CF86-645, CF86-646, and CF91-618.

THREADGILL, C.J., and RYDER, J., concur.

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Bluebook (online)

664 So. 2d 1156, 1995 Fla. App. LEXIS 13011, 1995 WL 750315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delaughter-v-state-fladistctapp-1995.

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