Legal Opinion

Richter v. State

District Court of Appeal of Florida

Decided August 18, 1993No. 92-1863PublishedCited by 2 opinions

1Opinion of the Court

STONE, Judge.

We reverse an order extending Appellant’s probation entered after the probationary term expired. Although hearings were conducted before the term expired, in an effort to resolve questions concerning the amount of restitution and Appellant’s obligation to pay as a condition of probation, no affidavit or warrant for Appellant’s violation for failure to pay restitution was pending when the term expired. Thereafter, the court had no jurisdiction to modify or extend the probation. Cf. Clark v. State, 579 So.2d 109 (Fla.1991); Shankweiler v. State, 427 So.2d 215 (Fla. 4th DCA 1983);…

2Cases cited3 opinions

  1. Clark v. StateSupreme Court of Florida · 1991
  2. Frederick v. StateDistrict Court of Appeal of Florida · 1981
  3. Shankweiler v. StateDistrict Court of Appeal of Florida · 1983

3Cited by2 opinions

  1. Cesaire v. StateDistrict Court of Appeal of Florida · 2002
  2. FDIC v. Diamond C Nurseries, Inc.District Court of Appeal of Florida · 1993

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