State v. Smith

ORFINGER, Chief Judge.

An affidavit charging appellant with a violation of probation was dismissed by the trial court for the reason that the probationary period had expired one day prior to the time the affidavit was filed. The State appeals. We affirm.

On February 9, 1979, appellee was placed on probation for three years. Because of criminal activity in which he was allegedly involved, an affidavit for violation of probation was filed February 9, 1982. The State contends that under Florida Rule of Criminal Procedure 3.040, the day of the probation order is not counted, thus the three-year…