Opinion
Case No. 1D02-4135
Opinion filed November 6, 2003.
An appeal from the Circuit Court for Gadsden County. Judge Stewart Parsons.
Nancy A. Daniels, Public Defender and David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellant.
Charlie Crist, Attorney General and Charlie McCoy, Senior Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.
The appellant, Delbridge Edwards, appeals the orders revoking probation in two separate cases. We conclude that the trial court was without jurisdiction to revoke the appellant's probation in case number 97-367, because he was no longer on probation for the offense in that case when the revocation process was set in motion. Accordingly, we reverse and remand with directions to vacate the order revoking probation and imposing the judgment and sentence in case number 97-367. Because the appellant's arguments regarding the revocation in case number 97-832 are without merit, the order revoking probation in that case is affirmed.
Affirmed in Part and Reversed in Part.
BOOTH, DAVIS PADOVANO, JJ., CONCUR.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED