ABBEY v. STATE

No. 2D08-6306.

39 So.3d 546 (2010)

David Lamar ABBEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 16, 2010.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Alisa Smith, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Anne Sheer Weiner, Assistant Attorney General, Tampa, for Appellee.


CASANUEVA, Chief Judge.

David Lamar Abbey appeals his new judgment and prison sentences imposed for violating the terms of his community control. The State concedes, and we agree, that the trial court lacked jurisdiction to find Mr. Abbey in violation of his community control because the associated arrest warrant was untimely issued and served upon him. Thus, we reverse the order of revocation and prison sentences.

On November 7, 2005, Mr. Abbey pleaded guilty...

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