RONALD WATTS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed a probation revocation order because the trial court found a violation of Condition 4 despite the State dismissing that charge for lack of evidence, requiring remand for redetermination without that finding.
A trial court errs in finding a probation violation for a condition when the State has dismissed the charge for lack of evidence, requiring remand for redetermination of whether revocation is warranted based on the remaining violations.
[1] A trial court errs in finding a probation violation for a condition when the State has dismissed the charge for lack of evidence, requiring remand to determine whether re…
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Join FLexlaw to unlock all legal intelligenceAppellant's probation supervisor charged him with violating Conditions 1, 2, 4, and 7 of his probation. At the revocation hearing, the State produced …
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PER CURIAM.
Appellant appeals to this court from an order revoking his probation. The only point which merits discussion is the inclusion of Condition 4 in the written order of revocation. Appellant’s probation supervisor filed an affidavit charging appellant with violation of Conditions 1, 2, 4 and 7 of his probation. At the probation revocation hearing, the State produced no evidence whatsoever pertaining to violation of Condition 4. The charge that appellant violated Condition 4 was, therefore, dismissed upon defense counsel’s oral motion to that effect. Subsequent thereto, the court questioned appellant as to factual matters concerning violation of Condition 4 and found that appellant violated his probation. The order revoking probation recited that appellant violated Conditions 1, 2, 4 and 7.
The State dismissed the charge that appellant violated' Condition 4 of his probation. Therefore, a finding of a violation of that condition, as reflected in the written order of revocation was error. The evidence supports the findings that appellant violated Conditions 1, 2 and 7 and thereby supports the order below. We are unable to determine, however, whether the trial judge would have revoked probation and imposed the same sentence without a violation of Condition 4 and must reverse the order of revocation and remand this cause to the trial judge for such redetermination as may be warranted. Clemons v. State, 388 So. 2d 639 (Fla. 2d DCA 1980).
BOOTH, SHIVERS and JOANOS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Albritton v. State, 476 So. 2d 158 (Fla. 1985)…cases where the courts have reversed revocation orders and remanded for reconsideration when the reviewing court has been unable to determine whether the trial judge would have revoked probation in the absence of an improper ground. Watts v. State, 410 So. 2d 600, 601 (Fla. 1st DCA 1982); Aaron v. State, 400 So. 2d 1033, 1035 (Fla. 3d DCA), review denied, 408 So. 2d 1095 (Fla.1981); Clemons v. State, 388 So. 2d 639, 640 (Fla. 2d DCA 1980); Peterson v. State, 384 So. 2d 965, 966 (Fla. 1st DCA 1980); Page v. S…
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Kenton Anthony Blake v. State, 433 So. 2d 611 (Fla. 1st DCA 1983)…would revoke appellant’s probation and impose the same sentence on the basis of the finding that he was guilty only of resisting arrest with violence, we remand this case to the lower court for a redetermination of these matters. See Watts v. State, 410 So. 2d 600 (Fla. 1st DCA 1982). REVERSED in part and REMANDED. MILLS and THOMPSON, JJ., concur.…
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Haynes v. State, 440 So. 2d 661 (Fla. 1st DCA 1983)…same sentence without the violations alleged in Counts 3, 4, and 5 of the affidavit. Accordingly, we remand this ease to the trial court for a redetermination of these matters. See Blake v. State, 433 So. 2d 611 (Fla. 1st DCA 1983); Watts v. State, 410 So. 2d 600 (Fla. 1st DCA 1982). ERVIN, C.J., and NIMMONS, J., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Clemons v. State, 388 So. 2d 639 (Fla. 2d DCA 1980)