Florida District Courts of Appeal, 1991

Burney v. State

Burney v. State
Florida District Courts of Appeal · Decided April 12, 1991 · Frank, Lehan, Patterson
577 So. 2d 722; 1991 Fla. App. LEXIS 3340; 1991 WL 53556 (Southern Reporter, Second Series)

Burney v. State

Opinion of the Court

PER CURIAM.

The appellant correctly contends that the trial court had no jurisdiction to hear the violation of probation proceeding after the expiration of the appellant’s original probationary term. Section 948.06, Florida Statutes (1987), provides the only means to extend probation, and “a probationer and his probation officer cannot make a valid agreement to extend probation in lieu of compliance with the statutory procedures.” Marsh v. State, 559 So.2d 411, 412 (Fla.2d DCA 1990). Thus, the judgment and sentence resulting from the revocation of probation are reversed and the appellant shall be discharged.

LEHAN, A.C.J., and FRANK and PATTERSON, JJ., concur.

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