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D.L.S. v. STATE

No. 1D05-0533.

912 So.2d 680 (2005)

D.L.S., a child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 18, 2005.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General and Daniel A. David, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.

PER CURIAM.

We reverse the revocation of probation and commitment order for the offense of criminal mischief. The trial court lacked jurisdiction to impose any additional penalty for the crime of criminal mischief because the Appellant had served the maximum sentence for that offense before the affidavit of revocation of probation was filed. See B.C.M. v. State, 838 So.2d 664 (Fla. 1st DCA 2003); T.M.B. v. State, ...

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