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920 So. 2d 787

Howard v. State

District Court of Appeal of Florida

Decided February 15, 2006

District Court of Appeal of Florida · decided 2006-02-15

Cited by 8 later decisions — most recently March 2007

8 state decisions

Relies on State v. Hall

Good law ✅— No negative treatment on recordhow we know

Decided 2006-02-15

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PER CURIAM.

¶1We reverse the order of revocation of probation entered on remand, because the trial court lacked jurisdiction to revoke probation. As the state concedes, the amended affidavit and warrant were not filed and executed until after the period of probation had expired. See State v. Hall, 641 So.2d 403 (Fla.1994) (holding that the trial court could not consider new charges in the amended affidavit of probation violation where the original affidavit was timely filed, but the amended affidavit was not filed until after the probationary period had expired).

¶2Accordingly, we reverse the order finding a violation of probation and remand with directions to vacate the order and sentence entered thereon.

POLEN, SHAHOOD and TAYLOR, JJ., concur.
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