CLINTON BENNETT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida appellate court reversed probation revocation because the trial court lacked jurisdiction to extend probation without first formally charging and adjudicating a violation of probation under statutory procedures.
A court cannot extend a probationer's term based on a signed waiver without first formally charging the probationer with a violation and conducting a hearing in accordance with statutory procedures.
[1] A probation extension cannot be imposed based on a probationer's written waiver and agreement without first formally charging the probationer with a violation of probatio…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“before probation may be enhanced by an extension of the period, a violation of probation must be formally charged and the probationer brought before the court and advised of the charge in accordance with the procedures of § 948.06, Fla.Stat.”
The court explained the legal requirement for extending probation based on Clark v. State precedent.
Bennett was placed on probation in March 1989. In March 1990, the circuit court entered a modification order extending his probationary period by six …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Probation Modification cases and more on FLexlaw
WENTWORTH, Senior Judge.
Clinton Bennett appeals a revocation of probation order which found that he violated the terms of his modified probation. We reverse.
Bennett was placed on probation March 31, 1989, and on March 22, 1990, the circuit court entered an order of modification purporting to extend Bennett’s probationary period for an additional six months pursuant to a signed “Acknowledgment and Waiver” form in which Bennett agreed to the extension. An affidavit of violation of probation was filed May 17, 1990. Bennett’s motion to dismiss was denied and he was found to be in violation of his probation and sentenced to 25 months incarceration. As recently explained in Clark v. State, 579 So. 2d 109 (Fla.1991), before probation may be enhanced by an extension of the period, a violation of probation must be formally charged and the probationer brought before the court and advised of the charge in accordance with the procedures of § 948.06, Fla.Stat. Under Clark, absent proof of a violation the court cannot order an extension, even if the probationer has agreed with his probation officer to the change, in writing, and has waived any notice and hearing. Therefore, the court in the present case was without jurisdiction to consider the violation of probation first asserted after lapse of the original period of probation. The order of modification of probation, the order revoking the probation upon Bennett’s admission of violation of probation, and the 25-month sentence imposed, are vacated.
REVERSED.
JOANOS, C.J., and BARFIELD, J., concur.