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FRANKLIN v. STATE

No. 1D08-4394.

54 So.3d 622 (2011)

Homer R. FRANKLIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 22, 2011.

Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, and Kathleen Stover , Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, and Jennifer J. Moore , Assistant Attorney General, Tallahassee, for Appellee.

MARSTILLER, J.

Homer Franklin appeals the five-year prison sentence he received after violating his drug offender probation ("VOP"). He argues the trial court had no jurisdiction over him because the maximum permissible probationary term—five years—expired before the VOP affidavit was filed. The State counters that Franklin absconded for approximately two years, tolling the probationary period and rendering...

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