BURLEW v. STATE

No. 5D04-2468.

905 So.2d 1035 (2005)

Michael Gerard BURLEW, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 8, 2005.


Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.


MONACO, J.

Michael Burlew raises three issues on appeal. First, Mr. Burlew asserts that the trial court had no jurisdiction to consider whether he violated sex offender probation because the charging affidavit was not sworn to under oath. The failure of a defendant to object to the lack of a properly notarized affidavit of violation, however, waives the error. See McHolder v. State, 902 So.2d 348 (Fla. 5th DCA 2005); Smartmays...

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