APONTE v. STATE

No. 1D03-5125.

896 So.2d 836 (2005)

Robert APONTE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 23, 2005.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Archie F. Gardner, Jr., Assistant Public Defender, Tallahassee, for Appellant.

Charles Crist, Attorney General; Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee.


BENTON, J.

On direct appeal of sentences pronounced after probation revocation proceedings, we reverse because the trial court lost jurisdiction in these third-degree felony cases, once Robert Jesus Aponte had spent a full five calendar years incarcerated or on probation. The question of the sentencing court's jurisdiction to impose the sentences is properly before us, despite trial counsel's failure to raise the jurisdictional question below.

At issue is...

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