ALBERT WIDMER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ALBERT WIDMER, APPELLANT,
STATE OF FLORIDA, APPELLEE
697 So. 2d 545
Florida District Court of Appeal, First District (1997)
Caution
Cited by 32 cases
Opinion of the Court
ALLEN, Judge.
Although the trial court found that the appellant had violated his probation, neither the revocation order nor the written transcript of the hearing delineates the specific evidence relied on or the particular violation or violations. Black v. Romano, 471 U.S. 606, 105 S.Ct. 2254, 85 L.Ed.2d 636 (1985), indicates that a probationer is entitled to a written statement as to these matters. See also Burton v. State, 651 So. 2d 793 (Fla. 1st DCA 1995). The challenged revocation order is therefore reversed, and the case is remanded.
MINER and LAWRENCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (16 total)
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Samuels v. King Motor Co. of Fort Lauderdale, 782 So. 2d 489 (Fla. 4th DCA 2001)…heir allegations are sufficient to state a claim for fraud in the performance, the Plaintiffs have fallen short of their burden on appeal to show “clearly, definitely, and fully” how the trial court reversibly erred. E & I, Inc. v. Excavators, Inc., 697 So. 2d 545 (Fla. 4th DCA 1997). Notwithstanding that, because fraud in the performance cases involve misrepresentations related to the breaching party’s performance of a contract and thus fraud in the performance is inextricably linked to breach of contract,…
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Witt-Bahls v. Bahls, 193 So. 3d 35 (Fla. 4th DCA 2016)…o reasons, First, the wife does not explain exactly why she believes Kaaa would compel a reversal here given the facts>as found, instead focusing on an evidentiary issue that we affirm without further discussion. See E & I, Inc. v. Excavators, Inc., 697 So. 2d 545, 547 (Fla. 4th DCA 1997) (requiring the appellant to make error clear). Second, without further development from the parties, we are unable to say with certainty that Kaaa cannot be distinguished. There, the court ignored any interest payments that…
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State v. Clark, 770 So. 2d 237 (Fla. 4th DCA 2000)…three reasons given for departure in this case was invalid. See § 921.001(6), Fla. Stat. (1999) (stating that a departure sentence must be upheld if any of the reasons given by the trial court are found to be valid); E & I, Inc. v. Excavators, Inc., 697 So. 2d 545, 547 (Fla. 4th DCA 1997) (stating that the appellant has the burden of making “any reversible error clearly, definitely, and fully appear”). Accordingly, we affirm the trial court’s sentencing order. AFFIRMED. GUNTHER, FARMER and GROSS, JJ., con…
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- Black v. Romano, 471 U.S. 606 (U.S. 1985)
- Burton v. State, 651 So. 2d 793 (Fla. 1st DCA 1995)