08-1662 RONNIE A. ENZOR, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 08-1662

Case Date: 12/16/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

RONNIE A. ENZOR, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/

CASE NO. 1D08-1662

Opinion filed December 16, 2008. An appeal from the Circuit Court for Gadsden County. Thomas H. Bateman, III, Judge. Ronnie A. Enzor, pro se, Appellant. Bill McCollum, Attorney General, and Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM. The appellant challenges the trial court's order summarily denying his claim that the trial court lacked jurisdiction to revoke his probation because his term of probation had already expired. Although the record contains a warrant and affidavit

of violation of probation, these documents are dated after the appellant's one-year Gadsden County probation had already expired. Because the record does not conclusively refute the appellant's claim, we reverse and remand either for additional record portions that refute the appellant's claim, or for an evidentiary hearing. See Thomas v. State, 707 So.2d 1189 (Fla. 1st DCA 1998). REVERSED and REMANDED. BROWNING, C.J., KAHN and BENTON, JJ., CONCUR.

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