Bostwick v. State, No. 96-00104

No. 96-00104 | Fla. Dist. Ct. App. | Dec 10, 1997

PER CURIAM.

On this appeal filed pursuant to Anders v. California, 386 U.S. 738" court="SCOTUS" date_filed="1967-05-08" href="https://app.midpage.ai/document/anders-v-california-107423?utm_source=webapp" opinion_id="107423">386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), counsel for James William Bostwick, the appellant, suggests possible error with respect to sentences in trial court case numbers 87-8294 and 88-15949. Those sentences were imposed upon the revocation of Bostwick’s probation in each case.

The record shows the trial court was without jurisdiction to revoke Bostwiek’s probation in case number 88-15949, because the affidavit of violation was filed after the expiration of the probationary term in that ease. See Delaughter v. State, 664 So. 2d 1156" court="Fla. Dist. Ct. App." date_filed="1995-12-20" href="https://app.midpage.ai/document/atala-v-kopelowitz-7693066?utm_source=webapp" opinion_id="7693066">664 So.2d 1156 (Fla. 2d DCA 1995). The State concedes error. We therefore vacate the revocation order and sentence in trial court case number 88-15949.

The record reveals no error with respect to trial court ease number 87-8294. We therefore affirm the revocation order and sentence imposed in that case.

Accordingly, this cause is vacated in part and affirmed in part.

FRANK, A.C.J., and THREADGILL and FULMER, JJ., concur.