Legal Opinion

Burney v. State

District Court of Appeal of Florida

Decided April 12, 1991No. 90-00631PublishedCited by 1 opinion

1Per curiam

The appellant correctly contends that the trial court had no jurisdiction to hear the violation of probation proceeding after the expiration of the appellant’s original probationary term. Section 948.06, Florida Statutes (1987), provides the only means to extend probation, and “a probationer and his probation officer cannot make a valid agreement to extend probation in lieu of compliance with the statutory procedures.” Marsh v. State, 559 So.2d 411, 412 (Fla.2d DCA 1990). Thus, the judgment and sentence resulting from the revocation of probation are reversed and the appellant shall be…

2Cases cited1 opinion

  1. Marsh v. StateDistrict Court of Appeal of Florida · 1990

3Cited by1 opinion

  1. Brunsvold v. StateWyoming Supreme Court · 1993

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