M.H. v. State

District Court of Appeal of Florida

M.H. v. State

873 So. 2d 610, 2004 Fla. App. LEXIS 7562, 2004 WL 1176262

District Court of Appeal of Florida·Decided May 28, 2004·No. No. 1D03-4875·Published

Opinion

PER CURIAM.

Because the trial court was without jurisdiction to revoke the appellant’s probation (which had expired six months prior to the filing of an affidavit of violation thereof), we reverse the appellant’s conviction and remand with instructions for the trial court to vacate the order revoking probation and the judgment and sentence imposed subsequent thereto, dismiss the affidavit alleging a violation of probation, and discharge the appellant.

KAHN, DAVIS and PADOVANO, JJ., concur.

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PER CURIAM.

Because the trial court was without jurisdiction to revoke the appellant’s probation (which had expired six months prior to the filing of an affidavit of violation thereof), we reverse the appellant’s conviction and remand with instructions for the trial court to vacate the order revoking probation and the judgment and sentence imposed subsequent thereto, dismiss the affidavit alleging a violation of probation, and discharge the appellant.

KAHN, DAVIS and PADOVANO, JJ., concur.

M.H. v. State, 873 So. 2d 610, 2004 Fla. App. LEXIS 7562, 2004 WL 1176262 (Fla. Ct. App. 2004).

Pincite

873 So. 2d 610 (M.H. v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.