KARL ANTHONY DENNIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
REVERSED. Karl Anthony Dennis (Dennis) was sentenced to adult probation in November 1990. This order was later modified in March, 1992, to place Dennis in a probation and restitution center, but was entered without providing him with a hearing. A probation order cannot be modified without a hearing, even when jurisdiction is specifically reserved for the purpose of adding a special condition. Russo v. State, 603 So. 2d 1353 (Fla. 1st DCA 1992) (citing Clark v. State, 579 So. 2d 109 (Fla.1991)). The revocation order under review relies in part on the March 1992 modification order to find violations of probation; the order therefore must be vacated.
Dennis moreover was sentenced without the protections required by Troutman v. State, 630 So. 2d 528 (Fla.1993). We therefore remand for proceedings consistent herein.
SMITH, MICKLE and LAWRENCE, JJ., concur.
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Citator
Cited By
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Suliany Ivette Garcia-Medina v. State, 135 So. 3d 1119 (Fla. 2d DCA 2013)…endant’s probation violated double jeopardy and was also an unauthorized extension under section 948.06). This is true even if the trial court has specifically reserved jurisdiction for the purpose of adding a special condition, see Dennis v. State, 630 So. 2d 605 (Fla. 1st DCA 1993), or if the defendant “has agreed in writing with his probation officer to allow such a modification and has waived notice and hearing,” Clark, 579 So. 2d at 111. Here, the record plainly shows that the trial court enhanced Garci…
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Blue v. State, 702 So. 2d 638 (Fla. 1st DCA 1997)…court erred by revoking appellant’s probation for violation of a condition which was added without a hearing and without representation of counsel, State v. Rock, 605 So. 2d 456 (Fla.1992); Clark v. State, 579 So. 2d 109 (Fla.1991); Dennis v. State, 630 So. 2d 605 (Fla. 1st DCA 1993); Russo v. State, 603 So. 2d 1353 (Fla. 1st DCA 1992). The order of modification entered on May 3, 1996, is VACATED. The order of revocation of probation entered on November 19, 1996, nunc pro tunc November 4, 1996, is also VACA…
Authorities Cited
- Clark v. State, 579 So. 2d 109 (Fla. 1991)
- Troutman v. State, 630 So. 2d 528 (Fla. 1993)
- Edler v. State, 630 So. 2d 528 (Fla. 1993)
- Russo v. State, 603 So. 2d 1353 (Fla. 1st DCA 1992)