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996 So. 2d 955

Docket No. 1D08-1662.

Enzor v. State

Ronnie A. ENZOR, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 16, 2008.

District Court of Appeal of Florida · decided 2008-12-16

Relies on Olvey v. State

Decided 2008-12-16

¶1Ronnie A. Enzor, pro se, Appellant.

¶2Bill McCollum, Attorney General, and Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Appellee.

¶3PER CURIAM.

¶4The appellant challenges the trial court's order summarily denying his claim that the trial court lacked jurisdiction to revoke his probation because his term of probation had already expired. Although the record contains a warrant and affidavit of violation of probation, these documents are dated after the appellant's one-year Gadsden County probation had already expired. Because the record does not conclusively refute the appellant's claim, we reverse and remand either for additional record portions that refute the appellant's claim, or for an evidentiary hearing. See Thomas*956v. State,707 So.2d 1189 (Fla. 1st DCA 1998).

¶5REVERSED and REMANDED.

¶6BROWNING, C.J., KAHN and BENTON, JJ., Concur.

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