Reatz v. State

Defendant appeals an order revoking his probation and the sentence imposed thereto. He contends the trial court was without jurisdiction to act because the affidavit of probation violation was filed after the probationary period had expired.

The defendant’s probationary period commenced immediately on his release from incarceration. § 948.01, Fla. Stat. (1995). There is nothing in the record that indicates, however, when the defendant was released from incarceration1 and, therefore, no way to ascertain when the probationary period expired.

Because the trial court’s jurisdiction is at issue, see…