State v. Faidy

SHARP, W., J.

The state appeals from the trial court’s order which dismissed a violation of probation proceeding against the defendant, Fai-dy. The trial court apparently concluded it lacked jurisdiction because the affidavit used to secure the arrest warrant for the probation violation was not sworn to under oath before a person authorized to administer oaths, as required by this court in Jackson v. State, 881 So.2d 666 (Fla. 5th DCA2004).

In Crain v. State, 914 So.2d 1015 (Fla. 5th DCA 2005) (en banc), we reaffirmed our holding in Jackson that such an affidavit is defective. However, we also…