Tate v. State

Tate appeals the order revoking his probation and the resulting five-year sentence for lewd or lascivious molestation. He argues, and the State concedes, that the trial court lacked jurisdiction to revoke his probation and to sentence him when he had already served the maximum time allowed for the offense. We agree and reverse.

On April 29, 2002, the State filed a three-count amended information (“the Information”) against Ricky Lee Tate, Count I charged him with lewd or lascivious battery in violation of section 800.04(4), Florida Statutes. Counts II and III charged him with lewd or…