Robert Lewin v. State of Florida

District Court of Appeal of Florida

Robert Lewin v. State of Florida

192 So. 3d 91, 2016 WL 3186639, 2016 Fla. App. LEXIS 8848

CourtDistrict Court of Appeal of Florida

DecidedJune 8, 2016

Docket4D15-4604

StatusPublished

This text of 192 So. 3d 91 (Robert Lewin v. State of Florida) 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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Robert Lewin v. State of Florida, 192 So. 3d 91, 2016 WL 3186639, 2016 Fla. App. LEXIS 8848 (Fla. Ct. App. 2016).

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Opinion

DAMOORGIAN, J.

Robert Lewin appeals a final order revoking his probation and imposing a fivé-year prison sentence. We hold that the trial court lacked jurisdiction to revoke Lewin’s probation and reverse and remand for the proceedings against him to be dismissed. Because of our decision on the jurisdictional issue, Lewin’s remaining arguments are rendered moot.

Lewin pleaded no contest to grand theft and forgery charges and, on December 13, 2012, was sentenced to two years of probation. On November 12, 2014, a month before Lewin’s probation was scheduled to expire, his probation officer filed an affidavit of violation of probation alleging that Lewin violated the terms of probation by: (1) failing to make restitution payments; (2) failing to pay drug testing fees; and (3) failing to pay costs of supervision. On that same day, the trial court issued a warrant for Lewin’s arrest based on the violations alleged in the affidavit.

On April 29, 2015, more than four months after Lewin’s probation was scheduled to expire, the trial court extended his probation and added two years of drug offender probation. Shortly thereafter, Lewin purportedly violated the terms of his extended probation and, following a hearing, the trial court revoked his probation and sentenced him to five years in prison. This appeal follows.

In Mobley v. State, — So.3d-, 41 Fla. L. Weekly D912, D913, 2016 WL 1445595 (Fla. 4th DCA Apr. 13, 2016), cert. denied, No. SC16-936, 2016 WL 3149708 (Fla. June 6, 2016), we held that an affidavit of violation of probation which merely alleges technical violations, such as failure to pay restitution and/or probation related fees, and the accompanying arrest warrant based on those same violations, does not toll the probationary period. Based on Mobley, Lewin argues that his probation *92 expired on December 13, 2014 and, therefore, the trial court was without jurisdiction to extend and subsequently revoke his probation. The State concedes error, and we agree.

Reversed and remanded for the proceedings against Lewin to be dismissed and for his sentence based on the violation of probation to be vacated.

LEVINE and FORST, JJ., concur.

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DAMOORGIAN, J.

Robert Lewin appeals a final order revoking his probation and imposing a fivé-year prison sentence. We hold that the trial court lacked jurisdiction to revoke Lewin’s probation and reverse and remand for the proceedings against him to be dismissed. Because of our decision on the jurisdictional issue, Lewin’s remaining arguments are rendered moot.

Lewin pleaded no contest to grand theft and forgery charges and, on December 13, 2012, was sentenced to two years of probation. On November 12, 2014, a month before Lewin’s probation was scheduled to expire, his probation officer filed an affidavit of violation of probation alleging that Lewin violated the terms of probation by: (1) failing to make restitution payments; (2) failing to pay drug testing fees; and (3) failing to pay costs of supervision. On that same day, the trial court issued a warrant for Lewin’s arrest based on the violations alleged in the affidavit.

On April 29, 2015, more than four months after Lewin’s probation was scheduled to expire, the trial court extended his probation and added two years of drug offender probation. Shortly thereafter, Lewin purportedly violated the terms of his extended probation and, following a hearing, the trial court revoked his probation and sentenced him to five years in prison. This appeal follows.

In Mobley v. State, — So.3d-, 41 Fla. L. Weekly D912, D913, 2016 WL 1445595 (Fla. 4th DCA Apr. 13, 2016), cert. denied, No. SC16-936, 2016 WL 3149708 (Fla. June 6, 2016), we held that an affidavit of violation of probation which merely alleges technical violations, such as failure to pay restitution and/or probation related fees, and the accompanying arrest warrant based on those same violations, does not toll the probationary period. Based on Mobley, Lewin argues that his probation *92 expired on December 13, 2014 and, therefore, the trial court was without jurisdiction to extend and subsequently revoke his probation. The State concedes error, and we agree.

Reversed and remanded for the proceedings against Lewin to be dismissed and for his sentence based on the violation of probation to be vacated.

LEVINE and FORST, JJ., concur.

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192 So. 3d 91, 2016 WL 3186639, 2016 Fla. App. LEXIS 8848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-lewin-v-state-of-florida-fladistctapp-2016.

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