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State v. Hackett1/24/2005
t pled guilty to second-degree murder. Thereafter, an amended affidavit of violation of probation and an amended warrant were filed on May 31, 1984. Following a hearing on July 13, 1984, the trial court revoked appellant's probation. Id. at 333. On appeal, appellant asserted the court lacked jurisdiction to entertain the amended affidavit filed in 1984 which included a violation that occurred after his probation had expired. Id. Noting it found no Florida case law directly on point, the court, citing several cases including Workman and Green, held "case law of other jurisdictions, as well as simple logic, indicates that where a probationer 'absconds from supervision,' the probationary period is tolled until he is once more placed under probationary supervision." Id. at 333-34.
For the foregoing reasons, we find the trial court properly tolled Hackett's period of probation from January 5, 1995 to February 5, 1999, and thereafter had jurisdiction to revoke Hackett's probation during the five-year period of Hackett's active supervision. Accordingly, the order of the trial court is
AFFIRMED.
KITTREDGE and BEATTY, JJ., concur.
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