Jean-Gilles v. State

The first issue in this case is whether the trial court had jurisdiction to revoke Appellant Leo Jean-Gilless probation where a warrant, but no affidavit, was filed prior to the termination of Jean-Gilless probationary period. Jean-Gilles argues that because an affidavit was not filed within the requisite time period, the trial court lacked jurisdiction to revoke his probation. The state disagrees, arguing that the timely filing of an affidavit should be inferred where an amended affidavit was filed after the probationary period expired. We decline to accept the states position and remand this case for a determination of whether an affidavit was filed prior to the expiration of Jean-Gilless probationary period.