D.L.S., a child v. STATE OF FLORIDA
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA D.L.S., a child, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, v. CASE NO. 1D05-0533 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed October 18, 2005. An appeal from the Circuit Court for Escambia County. Judge John T. Parnham. Nancy A. Daniels, Public Defender and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant. Charlie Crist, Attorney General and Daniel A. David, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee. PER CURIAM. We reverse the revocation of probation and commitment order for the offense of criminal mischief. The trial court lacked jurisdiction to impose any additional penalty for the crime of criminal mischief because the Appellant had served the maximum sentence for that offense before the affidavit of revocation of probation was filed. See B.C.M. v. State, 838 So. 2d 664 (Fla. 1st DCA 2003); T.M.B. v. State, 689 So. 2d 1215 (Fla. 1st DCA 1997), approved, 716 So. 2d 269 (Fla. 1998). The separate commitment order for the crime of grand theft of a firearm is not challenged on appeal. For these reasons we reverse with instructions to vacate the commitment order for the crime of criminal mischief and affirm the commitment order for the crime of grand theft of a firearm. BENTON, PADOVANO and BROWNING, JJ., CONCUR. 2
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