Smith v. State
The Fifth District granted writs of prohibition where Smith's probation, which included jail time imposed as a condition under section 948.03(2), had actually expired before the affidavits of violation were filed once jail credit was properly applied against the entire probationary term. Because the trial court lost jurisdiction once probation ended, it could not proceed on the VOP affidavits, and the court held the motions to dismiss should have been granted.
Key facts
- Smith was placed on probation with a jail sentence imposed as a condition of probation under section 948.03(2), rather than as part of a split sentence.
- The trial court filed affidavits of violation against Smith after Smith's probationary term had actually expired when jail credit was properly applied to the entire probationary period.
- +2 more key facts with a free trial
Why it matters
This opinion reaffirms and applies a long-standing Fifth District rule—going back to Griner v. State and Belt v. State—that jail credit for time served must be credited against the entire probationary term when… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.