Kilbourn v. State

Lawrence Kilbourn appeals the order reinstating his probation. The State concedes error.

In 2000, Kilbourn entered a plea to attempted sexual battery in exchange for a sentence of ten years’ imprisonment followed by five years’ sex-offender probation. The trial court ordered that Kilb-ourn’s sentence run consecutive to his five-year sentence in a federal case. However, Kilbourn served his Florida state prison term first and was then transferred to federal prison, from which he was released on August 15, 2012.

In March 2011, the Florida Department of Corrections filed an affidavit of violation…