Fisher v. State
Fisher v. State
Opinion of the Court
Joseph Fisher pleaded guilty to a charge of burglary and was sentenced as a youthful offender, pursuant to section 958.05(2), Florida Statutes (1983), to eighteen months imprisonment to be followed by eighteen months of community control. Subsequently, he violated the community control, pleaded guilty, and was sentenced to three years imprisonment. He appeals the judgment and sentence, contending that the trial court lacked subject matter jurisdiction to revoke his community control. Relying on this court’s decision in Lollis v. State, 449 So.2d 430 (Fla. 2d DCA 1984), cause dismissed, 453 So.2d 45 (Fla. 1984), he argues that only the Parole and Probation Commission had authority to return him to prison.
Although appellant correctly interpreted our holding in Lollis, he was charged with violating his community control program after October 1, 1983, the
The state asserts that because appellant pleaded guilty to the community control violation charge, he may not appeal the question of the trial court’s jurisdiction. It is well-settled that a defendant may appeal the court’s subject matter jurisdiction after a guilty plea. Robinson v. State, 373 So.2d 898 (Fla. 1979).
Accordingly, the judgment and sentence imposed by the trial court is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.