Dooly v. State, 272 So. 3d 807 (2019)

May 6, 2019 · District Court of Appeal of Florida, First District · No. 1D18-2455

272 So. 3d 807

Joshua Troy DOOLY, Appellant,
v.
STATE of Florida, Appellee.

No. 1D18-2455

District Court of Appeal of Florida, First District.

May 6, 2019

Andy Thomas, Public Defender, and Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Sharon S. Traxler, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

The State properly concedes that the trial court lacked jurisdiction in this case to revoke Appellant's probation and resentence him because he had already served the statutory maximum time on probation before the filing of the probation violation affidavit. Tate v. State , 191 So.3d 535 (Fla. 1st DCA 2016). Accordingly, we reverse and remand with directions to discharge Appellant in Escambia County circuit court case number 2008-CF-006266-B. Id.

REVERSED and REMANDED with directions.

Rowe, Jay, and M.K. Thomas, JJ., concur.