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412 So. 2d 10

Docket No. 81-1409.

Gardner v. State

Henry Shoemaker GARDNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 30, 1981.

District Court of Appeal of Florida · decided 1981-12-30

Key passage — most relied on by later courts

“[u]pon the expiration of the probationary period, the court is divested of all jurisdiction over the probationer unless prior to that time the processes of the court have been set in motion for revocation or modification of probation.”

quoted by 4 later decisions, including 559 So. 2d 377 - Fryson v. State, 537 So. 2d 180 - Brown v. State

Relies on 97 So. 2d 631 - State Ex Rel. Ard v. Shelby · White v. State · 360 So. 2d 1142 - Bouie v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1981-12-30

How this case has been cited

Cited by 19 later decisions — most recently January 2005

19 state decisions

140198119902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Joseph M. Ciarciaglino, Jr., of Osborne & Ciarciaglino, St. Petersburg, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.

¶3SCHEB, Chief Judge.

¶4Appellant pled guilty and was placed on probation for three years on April 7, 1978. On April 7, 1981, the state filed an affidavit that he had violated his probation. At the evidentiary hearing to determine whether probation should be revoked appellant moved to dismiss the charges on the ground that his probationary period had expired. The court denied the motion, revoked appellant's probation, and sentenced him to four years in prison. Appellant contends the court was without jurisdiction to revoke his probation. We agree.

¶5The appellant was placed on probation on April 7, 1978. At that time he became subject to all the conditions and responsibilities attendant thereto. This period of probation terminated three years later on April 6, 1981.

¶6Upon expiration of the probationary period, the court is divested of all jurisdiction over the probationer unless prior to that time the processes of the court have been set in motion for revocation or modification of probation. Bouie v. State,360 So.2d 1142 (Fla. 2d DCA 1978); Carpenter v. State,355 So.2d 492 (Fla. 3d DCA 1978); Hopson v. State,339 So.2d 1152 (Fla. 2d DCA 1976); Ard v. Shelby,97 So.2d 631 (Fla. 1st DCA 1957). Here the state's affidavit alleging appellant had violated his probation was not filed until one day after his term of probation expired. Therefore, the court had no jurisdiction to revoke his probation.

¶7Accordingly, we vacate the sentence imposed by the trial court and direct the court to enter an order discharging appellant.

¶8HOBSON and BOARDMAN, JJ., concur.

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