JEFFREY L. CARLYLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a probation revocation must be preceded by a hearing and a written order detailing violated conditions.
Defendant appealed revocation of probation for felony charges. The trial court revoked probation without a hearing, imposing sentence at the sentencin…
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PER CURIAM.
Mr. Carlyle appeals his judgments and sentences for multiple felony charges, including robbery, burglary, and sexual battery.1 We affirm those without discussion.
He also appeals the revocation of his probation in case number 89-17069.2 We reverse this revocation because the trial court did not conduct any hearing on the alleged violations and failed to prepare a written order setting forth the conditions that were violated. State v. Spratling, 336 So. 2d 361 (Fla.1976); Donley v. State, 557 So. 2d 943 (Fla. 2d DCA 1990).
Mr. Carlyle was on probation in case number 89-17069 at the time he committed the multiple felonies. Although these new offenses could clearly serve as a basis for a revocation of his probation, the state has never alleged a violation of probation aris ing out of these offenses. Instead, the state has relied upon technical and substantive violations that are distinct from the new offenses. The trial court did not conduct a revocation hearing in case number 89-17069, but simply imposed a sentence on revocation of probation at the sentencing hearing for the new offenses. Since no evidence concerning the alleged violations was ever presented to the trial court, it could not find a violation unless the defendant voluntarily admitted to one of the alleged violations. He did not.
Accordingly, we reverse the revocation order and remand for reinstatement of the order of probation. The state is not precluded from proceeding as necessary to properly revoke the defendant’s probation.
HALL, A.C.J., and PATTERSON and ALTENBERND, JJ., concur. . State v. Carlyle, Nos. 90-13627, 90-15261, Circuit Court of the 13th Judicial Circuit, Hillsborough County, Florida.
. State v. Carlyle, No. 89-17069, Circuit Court of the 13th Judicial Circuit, Hillsborough County, Florida.
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Casas v. State, 27 So. 3d 203 (Fla. 2d DCA 2010)…2, 678 (Fla. 1st DCA 2009). Trial courts cannot find a violation of probation where no evidence is presented and the defendant does not admit to the alleged violation. See Shiflett v. State, 779 So. 2d 461, 462 (Fla. 2d DCA 2000); Carlyle v. State, 599 So. 2d 240, 241 (Fla. 2d DCA 1992). Here, the transcript of the revocation of probation hearing demonstrates that Mr. Casas did not admit to violating condition six; accordingly, the trial court should have conducted an evi-dentiary hearing on that condition.…
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Carter v. State, 710 So. 2d 695 (Fla. 2d DCA 1998)…her, the new crime which served as the basis for the affidavit of violation of probation was not one of the crimes involved in Case No. 96-03715. Therefore, the order of revocation must be reversed. See § 948.06, Fla. Stat. (1995); Carlyle v. State, 599 So. 2d 240 (Fla. 2d DCA 1992). The judgment for burglary of a conveyance and dealing in stolen property is affirmed. The order of revocation of probation is reversed and remanded to the trial court. CAMPBELL, J„ and LENDERMAN, JOHN C., Associate Judge, con…
Authorities Cited
- Donley v. State, 557 So. 2d 943 (Fla. 2d DCA 1990)
- State v. Spratling, 336 So. 2d 361 (Fla. 1976)