County Case No.: MM00-06339A-XX
Appeal No.: DD-67
KENNETH GUNDEL,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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ORDER OF THE COURT
This is an appeal from the county court of Polk County, Judge Ellen S. Masters presiding. After violating the terms of his probation, the Appellant was sentenced to six months Polk County Jail. He seeks reversal arguing that the trial court lacked jurisdiction to revoke his probation. This court has jurisdiction. Fla. R. App. P. 9.030(c). The ruling of the county court is reversed.
On July 7, 2000, the Polk County Sheriff=s Office filed an arrest affidavit charging the Appellant with domestic violence battery. The Appellant pled guilty and was sentenced to 12 months probation. After failing to attend an anger management course mandated by the court, the Appellant=s probation was revoked and he was sentenced to six months in jail. He now contends that the trial court did not have jurisdiction to revoke his probation because the only charging document filed was an arrest report/affidavit, which is not an acceptable charging document to confer jurisdiction upon the trial court. The Appellant cites to a recent ruling where the Court held that a trial court has no jurisdiction where only an arrest report/affidavit was filed. Inclema v. State, DD-2 (Fla. 10th Cir. Ct. Jan. 22, 2002). In light of this recent ruling and the State=s stipulation, this court has no recourse but to reverse and remand this cause to the trial court for the purpose of discharging the Appellant on the basis of lack of jurisdiction.
For the foregoing reasons, it is ORDERED that the ruling of the county court is REVERSED AND REMANDED.
ORDERED March 2002
CHARLES B. CURRY, Chief Judge