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629 So. 2d 157

Richter v. State

District Court of Appeal of Florida

Decided August 18, 1993

District Court of Appeal of Florida · decided 1993-08-18

Cited by 2 later decisions — most recently December 2009

2 state decisions

Relies on 579 So. 2d 109 - Clark v. State · 405 So. 2d 1344 - Frederick v. State · 427 So. 2d 215 - Shankweiler v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1993-08-18

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STONE, Judge.

¶1We reverse an order extending Appellant’s probation entered after the probationary term expired. Although hearings were conducted before the term expired, in an effort to resolve questions concerning the amount of restitution and Appellant’s obligation to pay as a condition of probation, no affidavit or warrant for Appellant’s violation for failure to pay restitution was pending when the term expired. Thereafter, the court had no jurisdiction to modify or extend the probation. Cf. Clark v. State, 579 So.2d 109 (Fla.1991); Shankweiler v. State, 427 So.2d 215 (Fla. 4th DCA 1983); Frederick v. State, 405 So.2d 1344 (Fla. 3d DCA 1981).

¶2We remand with directions to vacate any orders entered subsequent to the April 23, 1992 termination date.

HERSEY and GUNTHER, JJ., concur.
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