Meyer v. State
The Third DCA held that a circuit court was not divested of jurisdiction to revoke probation and sentence a defendant for violating probation, even though the legislature later reclassified the underlying theft offense from a felony to a misdemeanor before the revocation hearing. The court reasoned that because the original order of probation was entered while the court had felony jurisdiction, the court retained statutory authority under section 948.06 to enforce that order despite the intervening amendment to section 812.014.
Key facts
- Meyer pleaded guilty to a felony theft offense and was placed on probation by the circuit court.
- The Florida legislature later reclassified the underlying theft offense from a felony to a misdemeanor before Meyer's probation violation hearing.
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Why it matters
This decision addresses a recurring and tricky jurisdictional question: what happens to a circuit court's authority over a probation violation when the legislature retroactively downgrades the underlying offense from a… — full analysis with a trial
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