         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
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                         No. 1D18-2455
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JOSHUA TROY DOOLY,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
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On appeal from the Circuit Court for Escambia County.
Jennie Kinsey, Judge.

                          May 6, 2019


PER CURIAM.

     The State properly concedes that the trial court lacked
jurisdiction in this case to revoke Appellant’s probation and
resentence him because he had already served the statutory
maximum time on probation before the filing of the probation
violation affidavit. Tate v. State, 191 So. 3d 535 (Fla. 1st DCA
2016). Accordingly, we reverse and remand with directions to
discharge Appellant in Escambia County circuit court case number
2008-CF-006266-B. Id.

    REVERSED and REMANDED with directions.

ROWE, JAY, and M.K. THOMAS, JJ., concur.
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    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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Andy Thomas, Public Defender, and Joel Arnold, Assistant Public
Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Sharon S. Traxler, Assistant
Attorney General, Tallahassee, for Appellee.




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