M.H., a child v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA M.H., a child, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v. CASE NO. 1D03-4875 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed May 28, 2004. An appeal from the Circuit Court for Leon County. James O. Shelfer, Judge. Nancy A. Daniels, Public Defender; P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant. Charles J. Crist, Jr., Attorney General; Karen M. Holland, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Because the trial court was without jurisdiction to revoke the appellant s probation (which had expired six months prior to the filing of an affidavit of violation thereof), we reverse the appellant s conviction and remand with instructions for the trial court to vacate the order revoking probation and the judgment and sentence imposed subsequent thereto, dismiss the affidavit alleging a violation of probation, and discharge the appellant. KAHN, DAVIS and PADOVANO, JJ., CONCUR. 2

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