DAVID CLARK, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
DAVID CLARK, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
442 So. 2d 1076
Florida District Court of Appeal, Third District (1983)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
In revoking Clark’s probation the trial court stated that were the allegations of the affidavit of violation of probation all that were involved, she would be inclined not to revoke probation, but then characterized the allegations as the “final straw that breaks the camel’s back.” Because facts not alleged in the affidavit were the sine qua non of Clark’s revocation, the revocation is reversed and remanded with instructions to restore Clark to probation. See Sampson v. State, 375 So. 2d 325 (Fla. 2d DCA 1979); Hodges v. State, 370 So. 2d 78 (Fla. 2d DCA 1979); Mack v. State, 342 So. 2d 562 (Fla. 2d DCA 1977); Crum v. State, 286 So. 2d 268 (Fla. 4th DCA 1973).
Reversed and remanded with instructions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Moser v. Honorable Ted P. Coleman, 460 So. 2d 385 (Fla. 5th DCA 1984)…he trespass matter was filed he would allow the defense to make “legal arguments” only. Due process demands that there should be a full evidentiary hearing on the trespass charge. Brill v. State, 159 Fla. 682, 32 So. 2d 607 (1947); Clark v. State, 442 So. 2d 1076 (Fla. 3rd DCA 1983); Crum v. State, 286 So. 2d 268 (Fla. 4th DCA 1973). Further, since the record demonstrates this trial judge has already decided this case based on evidence heard in the prior case, I think he should recuse himself. Irwin v. Marko…
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Brown v. State, 468 So. 2d 439 (Fla. 2d DCA 1985)…to appellant’s additional point, we agree that the trial court erred in revoking appellant’s probation. The law is well settled that a defendant’s probation cannot [*441] be revoked for reasons not alleged in the charging affidavit. Clark v. State, 442 So. 2d 1076 (Fla. 3d DCA 1983); Hodges v. State, 370 So. 2d 78 (Fla. 2d DCA 1979); Mack v. State, 342 So. 2d 562 (Fla. 2d DCA 1977); Hooks v. State, 207 So. 2d 459 (Fla. 2d DCA 1968). Here, the only criminal offense alleged in the affidavit of violation was a b…
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Iacono v. State, 452 So. 2d 1124 (Fla. 3d DCA 1984)…r revocation of probation, the following: that the defendant committed the offense of kidnapping and that he failed to submit monthly reports for February 1981 through January 1982; Willis v. State, 446 So. 2d 210 (Fla. 3d DCA 1984); Clark v. State, 442 So. 2d 1076 (Fla. 3d DCA 1983); Mack v. State, 342 So. 2d 562 (Fla. 2d DCA 1977) (cannot revoke probation based on facts not alleged on the affidavit of violation); that the defendant failed to make cost supervision payments; Pope v. State, 444 So. 2d 1161 (Fla…
Authorities Cited
- Sterling Sampson v. State, 375 So. 2d 325 (Fla. 2d DCA 1979)
- Crum v. State, 286 So. 2d 268 (Fla. 4th DCA 1973)
- Mack v. State, 342 So. 2d 562 (Fla. 2d DCA 1977)
- Hodges v. State, 370 So. 2d 78 (Fla. 2d DCA 1979)