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Waters v. State

District Court of Appeal of Florida, First District
Dec 22, 2005
916 So. 2d 27 (Fla. Dist. Ct. App. 2005)

Opinion

No. 1D04-59.

November 15, 2005. Rehearing Denied December 22, 2005.

An appeal from Circuit Court for Alachua County. Maurice V. Giunta, Judge.

Nancy A. Daniels, Public Defender, and Danielle Jorden, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General, and Alan R. Dakan, Assistant Attorney General, Tallahassee, for Appellee.


The appellant challenges several orders entered in connection with the revocation of his probation. As to the order dated January 26, 2005, which the court entered on the appellant's motion under Florida Rule of Criminal Procedure 3.800(b)(2), more than 60 days had passed after the filing of the motion and the court thus no longer had jurisdiction for the entry of this order. See Edmond v. State, 832 So.2d 782 (Fla. 4th DCA 2002). The January 2005 order is therefore vacated. However, the December 3, 2003, revocation order clearly reveals the court's finding that the appellant committed each of the violations alleged in the charging affidavit. There was sufficient evidence to establish each of these violations, and the revocation of the appellant's probation is therefore affirmed.

ERVIN, ALLEN and POLSTON, JJ., concur.


Summaries of

Waters v. State

District Court of Appeal of Florida, First District
Dec 22, 2005
916 So. 2d 27 (Fla. Dist. Ct. App. 2005)
Case details for

Waters v. State

Case Details

Full title:Leonard Windell WATERS, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Dec 22, 2005

Citations

916 So. 2d 27 (Fla. Dist. Ct. App. 2005)

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