Pollard v. State

District Court of Appeal of Florida

Pollard v. State

735 So. 2d 614, 1999 Fla. App. LEXIS 9503, 1999 WL 527561

CourtDistrict Court of Appeal of Florida

DecidedJuly 15, 1999

DocketNo. 98-3365

StatusPublished

This text of 735 So. 2d 614 (Pollard 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.

Bluebook

Pollard v. State, 735 So. 2d 614, 1999 Fla. App. LEXIS 9503, 1999 WL 527561 (Fla. Ct. App. 1999).

Pincite

Opinion

PER CURIAM.

• In this direct criminal appeal, appellant contends that the trial court lacked jurisdiction to revoke his probation and to sentence him to six months in the county jail because the probation revocation process was not commenced until after his probationary term had expired. The state properly concedes error. See State v. Boyd, 717 So.2d 524 (Fla.1998), approving, 699 So.2d 295 (Fla. 1st DCA 1997); Tatum v. State, 24 Fla. L. Weekly D1261, 736 So.2d 1214 (Fla. 1st DCA 1999). Accordingly, we reverse, and remand with directions that the order revoking probation and the judgment and sentence entered subsequent thereto be vacated; that the affidavit alleging a violation of probation be dismissed; and that appellant be discharged.

REVERSED and REMANDED, with directions.

KAHN, WEBSTER and VAN NORTWICK, JJ„ concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

• In this direct criminal appeal, appellant contends that the trial court lacked jurisdiction to revoke his probation and to sentence him to six months in the county jail because the probation revocation process was not commenced until after his probationary term had expired. The state properly concedes error. See State v. Boyd, 717 So.2d 524 (Fla.1998), approving, 699 So.2d 295 (Fla. 1st DCA 1997); Tatum v. State, 24 Fla. L. Weekly D1261, 736 So.2d 1214 (Fla. 1st DCA 1999). Accordingly, we reverse, and remand with directions that the order revoking probation and the judgment and sentence entered subsequent thereto be vacated; that the affidavit alleging a violation of probation be dismissed; and that appellant be discharged.

REVERSED and REMANDED, with directions.

KAHN, WEBSTER and VAN NORTWICK, JJ„ concur.

Cite This Page — Counsel Stack

Bluebook (online)

735 So. 2d 614, 1999 Fla. App. LEXIS 9503, 1999 WL 527561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pollard-v-state-fladistctapp-1999.

Opinion

Related

Cite This Page — Counsel Stack