KRUG v. STATE (1997)

On August 11, 1992 the Appellant was sentenced to two years of community control to be followed by a term of probation of fifteen years.   On May 28, 1996 the appellant noticed a motion for early termination of probation.   At the hearing, evidence was introduced to establish that the appellant had been a model probationer and that he deserved to have his probation terminated.   After conducting a thorough evidentiary hearing, the trial court concluded that under the provisions of Section 948.04, Florida Statutes, it did not have jurisdiction to terminate a probationary period imposed for a violation of Florida Statute, Chapter 794.   The appellee properly concedes that this was error.  Arriaga v. State, 666 So.2d 949 (Fla. 4th DCA 1996);  Jones v. State, 666 So.2d 191 (Fla. 2d DCA 1995);  Baker v. State, 619 So.2d 411 (Fla. 2d DCA 1993).

We decline the appellant's invitation to terminate his probation and remand to the trial court for a ruling on the merits of the motion in question.

Reversed.

PER CURIAM.