Abbey v. State

CASANUEVA, Chief Judge.

David Lamar Abbey appeals his new judgment and prison sentences imposed for violating the terms of his community control. The State concedes, and we agree, that the trial court lacked jurisdiction to find Mr. Abbey in violation of his community control because the associated arrest warrant was untimely issued and served upon him. Thus, we reverse the order of revocation and prison sentences.

On November 7, 2005, Mr. Abbey pleaded guilty to robbery and burglary of a conveyance. The trial court withheld adjudication and placed Mr. Abbey on twelve months of community…