Richter v. State

District Court of Appeal of Florida

Richter v. State

629 So. 2d 157, 1993 Fla. App. LEXIS 8496, 1993 WL 310729

CourtDistrict Court of Appeal of Florida

DecidedAugust 18, 1993

DocketNo. 92-1863

StatusPublished

Cited by2 cases

This text of 629 So. 2d 157 (Richter 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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Richter v. State, 629 So. 2d 157, 1993 Fla. App. LEXIS 8496, 1993 WL 310729 (Fla. Ct. App. 1993).

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Opinion

STONE, Judge.

We reverse an order extending Appellant’s probation entered after the probationary term expired. Although hearings were conducted before the term expired, in an effort to resolve questions concerning the amount of restitution and Appellant’s obligation to pay as a condition of probation, no affidavit or warrant for Appellant’s violation for failure to pay restitution was pending when the term expired. Thereafter, the court had no jurisdiction to modify or extend the probation. Cf. Clark v. State, 579 So.2d 109 (Fla.1991); Shankweiler v. State, 427 So.2d 215 (Fla. 4th DCA 1983); Frederick v. State, 405 So.2d 1344 (Fla. 3d DCA 1981).

We remand with directions to vacate any orders entered subsequent to the April 23, 1992 termination date.

HERSEY and GUNTHER, JJ., concur.

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STONE, Judge.

We reverse an order extending Appellant’s probation entered after the probationary term expired. Although hearings were conducted before the term expired, in an effort to resolve questions concerning the amount of restitution and Appellant’s obligation to pay as a condition of probation, no affidavit or warrant for Appellant’s violation for failure to pay restitution was pending when the term expired. Thereafter, the court had no jurisdiction to modify or extend the probation. Cf. Clark v. State, 579 So.2d 109 (Fla.1991); Shankweiler v. State, 427 So.2d 215 (Fla. 4th DCA 1983); Frederick v. State, 405 So.2d 1344 (Fla. 3d DCA 1981).

We remand with directions to vacate any orders entered subsequent to the April 23, 1992 termination date.

HERSEY and GUNTHER, JJ., concur.

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629 So. 2d 157, 1993 Fla. App. LEXIS 8496, 1993 WL 310729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richter-v-state-fladistctapp-1993.

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