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912 So. 2d 680

D.L.S. v. State

District Court of Appeal of Florida

Decided October 18, 2005

District Court of Appeal of Florida · decided 2005-10-18

Relies on 716 So. 2d 269 - State v. T.M.B. · 689 So. 2d 1215 - TMB v. State · Sessions v. State

Decided 2005-10-18

PER CURIAM.

¶1We reverse the revocation of probation and commitment order for the offense of criminal mischief. The trial court lacked jurisdiction to impose any additional penalty for the crime of criminal mischief because the Appellant had served the maximum sentence for that offense before the affidavit of revocation of probation was filed. See B.C.M. v. State, 838 So.2d 664 (Fla. 1st DCA 2003); T.M.B. v. State, 689 So.2d 1215 (Fla. 1st DCA 1997), approved, 716 So.2d 269 (Fla.1998). The separate commitment order for the crime of grand theft of a firearm is not challenged on appeal.

¶2For these reasons we reverse with instructions to vacate the commitment order for the crime of criminal mischief and affirm the commitment order for the crime of grand theft of a firearm.

BENTON, PADOVANO and BROWNING, JJ., concur.
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