Smith v. State
Smith sought writs of prohibition arguing that the trial court lacked jurisdiction to proceed on violation of probation affidavits because, once his jail credit for time served (imposed as a condition of probation) was properly credited against his entire probationary term, his probation had already expired before the affidavits were filed. The Fifth DCA agreed, holding that jail time served as a condition of probation must be credited against the entire probationary term, and because the violation affidavits were filed after the correctly calculated probation end dates, the trial court was divested of jurisdiction to proceed.
Key facts
- Smith sought writs of prohibition to challenge the trial court's jurisdiction over violation of probation proceedings, arguing his probation had already expired when the violation affidavits were filed.
- Smith's probation included a jail credit for time served as a condition of probation, which he argued should be credited against his entire probationary term rather than only against a confinement period.
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Why it matters
This decision reinforces and clarifies the application of Van Tassel/Griner precedent requiring that jail credit for incarceration imposed as a condition of probation be applied to the entire probationary term when… — full analysis with a trial
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