RALPH J. HODGES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A court cannot revoke probation for a violation not alleged in the charging affidavit.
Appellant's probation supervisor alleged child abuse and aggravated battery. At the revocation hearing, the state presented no evidence of these viola…
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PER CURIAM.
Appellant Ralph J. Hodges appeals from an order revoking his probation, contending that the revocation was improper. His argument has merit.
Appellant’s probation supervisor filed an affidavit in which he alleged that appellant had violated the terms of probation by committing child abuse and aggravated battery on three children. At the revocation hearing, however, the state produced no evidence connecting appellant to the child abuse and aggravated battery. Rather it presented evidence to demonstrate that appellant was guilty of battery of a law enforcement officer upon three members of the Tampa Police Department, and the court revoked probation on that basis. This was error since a court may not revoke probation for a violation not alleged in the charging affidavit. E. g., Mack v. State, 342 So. 2d 562 (Fla.2d DCA 1977). Accordingly, we reverse and remand the case with directions that the trial court reinstate appellant’s probation.1
GRIMES, C. J., and RYDER and DAN-AHY, JJ., concur. . The state will, of course, be free to seek the revocation of appellant’s probation for battery of the police officers.
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Butler v. State, 450 So. 2d 1283 (Fla. 2d DCA 1984)…ellant’s unlawful drinking at an unlicensed liquor house, which was in part the basis of appellant’s probation revocation, was error. The court cannot revoke probation for conduct not charged in the affidavit of probation violation. Hodges v. State, 370 So. 2d 78 (Fla. 2d DCA 1979). Finally, although not raised by appellant’s counsel, the trial court’s written order of revocation of probation does not conform to its oral pronouncement finding appellant guilty of violating his probation by obstructing justic…
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B.T.G. v. State, 694 So. 2d 767 (Fla. 1st DCA 1997)…community control based upon the armed robbery. This was error. See, e.g., Joseph v. State, 615 So. 2d 833 (Fla. 4th DCA 1993); Moser v. State, 523 So. 2d 783 (Fla. 5th DCA 1988); Butler v. State, 450 So. 2d 1283 (Fla. 2d DCA 1984); Hodges v. State, 370 So. 2d 78 (Fla. 2d DCA 1979). We also find, as the State concedes, that the trial court erred in committing appellant to a maximum-risk residential program. Appellant did not meet the criteria set out in section 39.0581, Florida Statutes. We affirm the find…
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Danek v. State, 429 So. 2d 1369 (Fla. 3d DCA 1983)…ng the vehicle from Hertz. There is utterly no evidence linking Danek to a grand theft of the vehicle in question. We accordingly reverse the finding of violation of probation. See Coley v. State, 393 So. 2d 60 (Fla. 3d DCA 1981); Hodges v. State, 370 So. 2d 78 (Fla. 2d DCA 1979); Franklin v. State, 345 So. 2d 1082 (Fla. 4th DCA 1977). Our reversal is without prejudice to the state to file an affidavit of violation of probation on charges which it asserts exist but are unrelated to this appeal. Reverse…
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- Mack v. State, 342 So. 2d 562 (Fla. 2d DCA 1977)