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J.N. v. State

District Court of Appeal of Florida, Third District
Oct 22, 2008
992 So. 2d 441 (Fla. Dist. Ct. App. 2008)

Opinion

No. 3D08-730.

October 22, 2008.

An Appeal from the Circuit Court for Miami-Dade County, Roger A. Silver, Judge.

Bennett H. Brummer, Public Defender, and Robert Godfrey, Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, and Michael C. Greenberg, Assistant Attorney General, for appellee.

Before WELLS, LAGOA, and SALTER, JJ.


ON CONFESSION OF ERROR


J.N. appeals a juvenile court order finding him in violation of his juvenile probation. As provided in the State's confession of error, the lower court was without jurisdiction to entertain the violation of probation affidavit because J.N. had successfully completed his six-month probationary term prior to the filing of the affidavit. Therefore, the order finding J.N. in violation of his probation is reversed and we remand with instructions to discharge J.N. from the two cases for which he was on probation.

After completion of his probation, J.N. had not moved for or obtained an order vacating his plea.

Reversed and remanded.


Summaries of

J.N. v. State

District Court of Appeal of Florida, Third District
Oct 22, 2008
992 So. 2d 441 (Fla. Dist. Ct. App. 2008)
Case details for

J.N. v. State

Case Details

Full title:J.N., a juvenile, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Oct 22, 2008

Citations

992 So. 2d 441 (Fla. Dist. Ct. App. 2008)