TATE v. STATE

No. 1D15-5407.

191 So.3d 535 (2016)

Ricky Lee TATE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 18, 2016.


Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, and Joel Arnold , Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, Robert Charles Lee , Assistant Attorney General, and Matthew Pavese , Assistant Attorney General, Tallahassee, for Appellee.


Tate appeals the order revoking his probation and the resulting five-year sentence for lewd or lascivious molestation. He argues, and the State concedes, that the trial court lacked jurisdiction to revoke his probation and to sentence him when he had already served the maximum time allowed for the offense. We agree and reverse.

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