Legal Opinion

Ortiz v. State

District Court of Appeal of Florida

Decided October 5, 2011No. Nos. 2D09-2573, 2D09-3085, 2D09-3086, 2D09-3087, 2D09-3090, 2D09-3092Published

1Opinion of the Court

MORRIS, Judge.

Robert Ortiz appeals the revocation of his community control in six circuit court cases. Ortiz argues that because his original probationary term in case 99-551 had expired in August 2006, the trial court lacked jurisdiction to revoke his original probation in 2007 and place him on community control. This claim is not supported by the record because the record does not indicate when Ortiz began serving his probation or when his probation expired; thus, this issue requires an eviden-tiary hearing. See Gonzalez v. State, 705 So.2d 954, 955 (Fla. 1st DCA 1998). Therefore, we affirm…

2Cases cited4 opinions

  1. Williams v. StateSupreme Court of Florida · 2007
  2. Sepulveda v. StateDistrict Court of Appeal of Florida · 2005
  3. Feagin v. StateDistrict Court of Appeal of Florida · 2006
  4. Gonzalez v. StateDistrict Court of Appeal of Florida · 1998

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