O.L.T., a child v. STATE OF FLORIDA
Annotate this Case
Download PDF
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA O.L.T. a child, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, v. CASE NO. 1D05-2195 STATE OF FLORIDA, Appellee. ___________________________/ Opinion filed October 18, 2005. An appeal from the Circuit Court for Escambia County. Edward P. Nickinson, III, Judge. Nancy A. Daniels, Public Defender; P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant. Charlie Crist, Attorney General; and Daniel A. David, Assistant Attorney General, Tallahassee, for Appellee. BROWNING, J. Appellant challenges his sentences for battery and criminal mischief on revocation of probation, alleging that the trial court lacked jurisdiction to impose those sentences. We agree, because Appellant had finished serving those sentences before the most recent affidavit of violation of probation was filed. See Aponte v. State, 896 So. 2d 836 (Fla. 1st DCA 2005). The state has conceded the issue. However, the order of revocation was not wholly erroneous because Appellant did violate probation on certain other offenses. Accordingly, we REVERSE the sentence only as to lower court case numbers 02-181 and 02-1067, and REMAND for this change to be made. Because the deletion of these two sentences is merely a ministerial act, Appellant need not be present. See, e.g., Davis v. State, 387 So. 2d 490 (Fla. 1st DCA 1980). DAVIS and LEWIS, JJ., CONCUR. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
