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Harris v. State

District Court of Appeal of Florida, Third District
Nov 12, 1998
720 So. 2d 1145 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-1997.

November 12, 1998.

An Appeal from the Circuit Court for Dade County, Martin D. Kahn, Judge.

Bennett H. Brummer, Public Defender, and Craig J. Trocino, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Doquyen T. Nguyen, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and SHEVIN and SORONDO, JJ.

CONFESSION OF ERROR


Larry Harris appeals an order of revocation of probation and sentence. Upon the state's correct confession of error, we reverse. "[W]hen a probationary period expires, the court is divested of jurisdiction over the probationer unless, prior to that time, the appropriate steps were taken to revoke or modify the probation." Francois v. State, 695 So.2d 695, 697 (Fla. 1997). Because the state failed to file the affidavit of violation of probation before termination of the probationary period, the trial court was without subject matter jurisdiction to revoke defendant's probation and to impose a jail term. Accordingly, we reverse the order and vacate the sentence.

Reversed and remanded.


Summaries of

Harris v. State

District Court of Appeal of Florida, Third District
Nov 12, 1998
720 So. 2d 1145 (Fla. Dist. Ct. App. 1998)
Case details for

Harris v. State

Case Details

Full title:Larry HARRIS, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Nov 12, 1998

Citations

720 So. 2d 1145 (Fla. Dist. Ct. App. 1998)

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