McAVOY v. STATE

No. 4D99-3706.

760 So.2d 1120 (2000)

Timothy McAVOY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 5, 2000.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and David J. McPherrin, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Rajeev Saxena, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

Appellant, Timothy McAvoy, appeals the revocation of his probation and sentence for resisting an officer without violence. We reverse because, as the state concedes, the trial court lacked jurisdiction to entertain the violation of probation.

Appellant pled guilty to aggravated assault with a deadly weapon and resisting an officer without violence. The trial court withheld adjudication and placed appellant on probation for two years on the assault...

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