KRISTINA BLAIR
v.
STATE OF FLORIDA
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Kristina Blair appealed orders revoking her probation and denying her motion for sentencing correction. The Florida Second District Court of Appeal reversed both orders, finding the trial court failed to specify which probation conditions were violated and improperly reserved ruling on her motion for jail time credit.
The revocation order must be reversed because the trial court failed to announce or specify in writing which probation conditions were willfully and substantially violated. The order reserving ruling on the sentencing correction motion must also be reversed, and on remand the trial court shall grant Blair fifty-two days of jail time credit.
[1] A trial court must orally announce or state in a written order the specific condition(s) of probation that a defendant willfully and substantially violated to support rev…
[2] A trial court commits a denial of due process and fundamental error by finding a probationer violated a condition not charged in the affidavit of probation violation.
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Join FLexlaw to unlock all legal intelligence“the trial court erred in both orders”
The State conceded error regarding both the probation revocation and the sentencing correction order
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Join FLexlaw to unlock all legal intelligenceKristina Blair was on probation and the State filed a violation of probation affidavit. The trial court revoked her probation but did not announce or …
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PER CURIAM. Kristina Blair appeals the order revoking her probation and the order denying her motion to correct sentencing error. The State correctly concedes that the trial court erred in both orders.
We reverse the probation revocation order because the trial court did not announce at the hearing which condition(s) Ms. Blair had willfully and substantially violated, and its written order does not state any condition(s) violated to support revocation. See Davis v. State, 276 So. 3d 484, 485 (Fla. 1st DCA 2019) (reversing violation of probation order where the trial court only stated at the hearing that the appellant was "noncompliant" with the conditions, but did not either orally or in a written order specify which condition(s) he willfully and substantially violated); see also Jones v. State, 898 So. 2d 209, 210 (Fla. 2d DCA 2005) (reversing a probation revocation order and remanding to the trial court with directions to enter an order with written findings).
We remand to the trial court to enter a revocation order that details the condition(s) that the State proved Ms. Blair willfully and substantially violated. We remind the trial court that it is a denial of due process and fundamental error to find that a probationer violated a condition not charged in the affidavit of probation violation. See McRae v. State, 88 So. 3d 384, 385 (Fla. 2d DCA 2012).
We also reverse the order that reserved ruling on Ms. Blair's motion seeking credit for jail time served. Florida Rule of Criminal Procedure 3.800(b)(2) permits a defendant to file a motion to correct a sentencing error after the notice of appeal has been filed and prior to service of the initial brief. Here, Ms. Blair filed her motion prior to service of her initial brief. On remand, the trial court shall correct her sentence by giving Ms. Blair credit for fifty-two days of jail time.
Reversed and remanded with directions. NORTHCUTT, KELLY, and SMITH, JJ., Concur.
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Citator
Cited By
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Blair v. State, 276 So. 3d 484 (Fla. 2d DCA 2020)…evocation order because the trial court did not announce at the hearing which condition(s) Ms. Blair had willfully and substantially violated, and its written order does not state any condition(s) violated to support revocation. See Davis v. State, 276 So. 3d 484, 485 (Fla. 1st DCA 2019) (reversing violation of probation order where the trial court only stated at the hearing that the appellant was "noncompliant" with the conditions, but did not either orally or in a written order specify which condition(s) h…
Authorities Cited
- McRAE v. State, 88 So. 3d 384 (Fla. 2d DCA 2012)
- Jones v. State, 898 So. 2d 209 (Fla. 2d DCA 2005)
- Blair v. State, 276 So. 3d 484 (Fla. 2d DCA 2020)