WILLIAM KNAPP, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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OWEN, WILLIAM G, Jr., (Retired) Associate Judge.
Appellant, having pled nolo contendere to a charge of possession of burglary tools, was placed on probation for three years with adjudication withheld. Twenty-six (26) months later an affidavit of violation of probation was filed. At hearing appellant did not admit the violations and no evidence was taken in support of them. The court announced that it was going to “reinstate” appellant’s probation, but would adjudicate him guilty of the offense of possession of burglary tools.
We construe the trial court’s act of adjudicating appellant guilty, coming some twenty-six months after the court had initially placed appellant on probation and withheld adjudication, as a modification of the original probation order. Probation orders are not subject to modification except for violation of conditions and then only upon notice and hearing. Buckbee v. State, 378 So. 2d 39 (Fla.3d DCA 1979); Smith v. State, 377 So. 2d 250 (Fla.3d DCA 1979).
The judgment of the trial court dated October 10, 1980 is vacated.
BERANEK and HERSEY, JJ., concur.
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Donnie Warren v. State, 499 So. 2d 55 (Fla. 4th DCA 1986)…So. 2d 1184 (Fla. 4th DCA 1984). Furthermore, the special condition was not orally pronounced at the defendant’s sentencing nor was there support in the record for the subsequent addition of this condition on the order of probation. Knapp v. State, 405 So. 2d 786 (Fla. 4th DCA 1981); Carmo v. State, 378 So. 2d 850 (Fla. 4th DCA 1979). We affirm the trial court’s order of revocation based only upon violations of conditions (2) and (3) since the record is clear that the lower court would have revoked defenda…
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State v. Beardsley, 464 So. 2d 188 (Fla. 4th DCA 1985)…Board of Pardons after expiration of the sentence. Likewise, Section 948.05 gives the trial judge the power to prematurely terminate probation, but does not permit of withdrawal of adjudication. We have even gone so far as to hold in Knapp v. State, 405 So. 2d 786 (Fla. 4th DCA 1981) that once a trial court enters an order of probation, that order can only be modified if there has been a violation of the conditions of probation. See also Sweeting v. State, 390 So. 2d 773 (Fla. 3d DCA 1980). In short, there i…
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Weeks v. State, 496 So. 2d 942 (Fla. 2d DCA 1986)…because (1) no evidence or plea was taken at the 1983 modification hearing and (2) the trial court illegally extended his probation term past the maximum statutory limit. The arguments that appellant raises generally have merit. See Knapp v. State, 405 So. 2d 786 (Fla. 4th DCA 1981); Swift v. State, 362 So. 2d 723 (Fla. 2d DCA 1978). See also Bouie v. State, 360 So. 2d 1142 (Fla. 2d DCA 1978). Nevertheless, we find that appellant’s probation was extended, as a matter of law, for the time that he was in priso…
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- Buckbee v. State, 378 So. 2d 39 (Fla. 3d DCA 1979)
- Smith v. State, 377 So. 2d 250 (Fla. 3d DCA 1979)