State v. Hicks

In this criminal appeal, the State of Florida appeals the trial court’s order granting Appellee Jeffrey Hicks’s motion to dismiss for lack of jurisdiction. The State argues that because it alleged in its violation of probation warrant (“VOP warrant”) that Appellee absconded, the trial court retained jurisdiction to consider the VOP warrant even after the expiration of Appellee’s probationary period.

The trial court abused its discretion by granting Appellee’s motion to dismiss. See State v. Balezos, 765 So.2d 819, 822 (Fla. 4th DCA 2000) (applying abuse of discretion standard). The analysis…