MICHAEL JONES
v.
STATE OF FLORIDA
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The appellate court reversed the revocation of Michael Jones's probation because the required affidavit of violation was missing from the record. However, it remanded the case for the trial court to locate the affidavit and reconsider the revocation.
No, the revocation was invalid because the affidavit of violation was not included in the record. The case is remanded for the trial court to locate the affidavit and consider it.
[1] Revocation of probation requires an affidavit of violation of probation alleging the specific violations and a written order from the trial court specifying the condition…
[2] It is a due process violation and fundamental error to revoke probation for violations not alleged in the affidavit of violation of probation.
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Join FLexlaw to unlock all legal intelligence“As the State concedes, we must reverse because an affidavit of violation of probation is not included in the record on appeal.”
Establishes the primary reason for reversal.
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Join FLexlaw to unlock all legal intelligenceMichael Jones appealed the trial court's decision to revoke his probation. The appellate court noted that the record on appeal did not contain an affi…
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PER CURIAM.
Michael Jones appeals the trial court’s revocation of his probation. As the State concedes, we must reverse because an affidavit of violation of probation is not included in the record on appeal. However, because the record reflects the possibility that a violation affidavit was filed in this case, we remand to the trial court for further proceedings directed at locating and considering the affidavit. See Raimondi v. State, 253 So. 3d 749, 750–51 (Fla. 3d DCA 2018) (explaining that “[i]t is well-settled that ‘[i]t is a due process violation and fundamental error to revoke probation for violations not alleged in the affidavit of violation of probation,’” and remanding for the trial court “to conduct further proceedings directed at locating and considering the relevant affidavit” because the record did not contain the affidavit, but revealed the possibility
that it was filed, and “to enter a written order specifying the basis for its revocation of community control” because the record did not contain a written order of revocation (citation omitted)); see also Lishinsky v. State, 219 So. 3d 89 (Fla. 4th DCA 2017) (similar). If the trial court finds on remand that a violation affidavit was filed in this case, we instruct it to enter a written order revoking Jones’s probation and specifying the basis for revocation because, as the State acknowledges, the court erred by failing to enter a written order of revocation.* See Hodges v. State, 262 So. 3d 842, 846 (Fla. 1st DCA 2018) (explaining that upon revoking a defendant’s probation, the trial court must render a written order of revocation specifying the conditions of probation that were violated). REVERSED and REMANDED with directions. RAY, C.J., and LEWIS and OSTERHAUS, JJ., concur. _____________________________
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Mitchell v. State, 42 Fla. L. Weekly D2286 (Fla. 3d DCA 2018)
- Lishinsky v. State, 219 So. 3d 89 (Fla. 4th DCA 2017)
- Raimondi v. State, 253 So. 3d 749 (Fla. 3d DCA 2018)
- Hodges v. State, 262 So. 3d 842 (Fla. 1st DCA 2018)