Boykin v. State

ON MOTION FOR REHEARING

Appellant, James Daniel Boykin appeals both the imposition of a sentence after an order revoking probation and a second sentence imposed upon conviction of a subsequent offense. The State properly concedes that the trial court lacked subject matter jurisdiction when it imposed the first sentence because the maximum period of incarceration for the offenses for which the sentence was imposed had expired before the affidavit of violation of probation was filed. Accordingly, without further discussion, we reverse the order of revocation of probation and sentence thereon.…