260 So. 3d 472
Fla. Dist. Ct. App.2018Background
- In 1987 Williams pleaded no-contest to possession of cocaine and resisting an officer and was sentenced to three years’ probation with a condition to pay costs.
- In 1991, three days before probation expired, the State filed a violation affidavit alleging failure to pay costs and obtained a warrant; Williams was apparently never arrested on that warrant.
- In 2015 the State filed an amended violation affidavit adding an alleged battery arrest in Georgia; a warrant issued and Williams was arrested in 2017.
- Williams moved to dismiss, relying on Mobley v. State (2016), arguing a warrant for a technical violation does not toll probation; the State conceded Mobley required dismissal but asked the trial court to recede from Mobley.
- The trial court granted the motion and dismissed the probation violation proceedings; the State appealed arguing (1) Mobley did not apply because a different statutory version governed in 1991 and (2) the jurisdictional issue can be raised for the first time on appeal.
- The First DCA held the State failed to preserve the statutory-tolling argument and that the argument could not be raised for the first time on appeal because it does not allege lack of subject-matter jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether issuance of a warrant in 1991 tolled Williams’ probation | State: under the statute in effect in 1991, issuance of a warrant tolled probation even for technical violations | Williams: Mobley requires dismissal because a warrant for a technical violation does not toll probation | Not preserved — State raised a different legal ground at trial; appellate review denied |
| Whether the jurisdictional defect can be raised for the first time on appeal | State: trial court lacked jurisdiction because probation was tolled, so jurisdictional defect may be raised on appeal | Williams: trial court merely declined to exercise jurisdiction; this is not a defect in subject-matter jurisdiction | Court: cannot be raised for the first time because the claim challenges the court’s exercise, not its subject-matter jurisdiction |
Key Cases Cited
- Mobley v. State, 197 So. 3d 572 (Fla. 4th DCA 2016) (warrant for technical violation does not toll probation)
- Tatum v. State, 736 So. 2d 1214 (Fla. 1st DCA 1999) (lack of jurisdiction to revoke probation is a jurisdictional defect that may be raised on appeal)
- Rodriguez v. State, 609 So. 2d 493 (Fla. 1992) (legal grounds must be raised at trial to be preserved for appeal)
- Smith v. State, 521 So. 2d 106 (Fla. 1988) (fundamental error doctrine applies in rare cases involving jurisdictional error)
- Bain v. State, 730 So. 2d 296 (Fla. 2d DCA 1999) (distinguishing lack of jurisdiction from failure to exercise jurisdiction; only the former is fundamental error)