M.H. v. State

Full title: M.H., a child, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, First District

Date published: May 28, 2004

873 So. 2d 610 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 1D03-4875.

Opinion filed May 28, 2004.

An appeal from the Circuit Court for Leon County. James O. Shelfer, Judge.

Nancy A. Daniels, Public Defender; P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.

Charles J. Crist, Jr., Attorney General; Karen M. Holland, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Because the trial court was without jurisdiction to revoke the appellant's probation (which had expired six months prior to the filing of an affidavit of violation thereof), we reverse the appellant's conviction and remand with instructions for the trial court to vacate the order revoking probation and the judgment and sentence imposed subsequent thereto, dismiss the affidavit alleging a violation of probation, and discharge the appellant.

KAHN, DAVIS and PADOVANO, JJ., concur.