HENRY D. JONES, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Odom v. State, 15 So. 3d 672 (Fla. 1st DCA 2009)
  …leged in the charging document is a deprivation of the right to due process” constituting fundamental error. Richardson v. State, 694 So. 2d 147, 147 (Fla. 1st DCA 1997); see Smith v. State, 738 So. 2d 433, 435 (Fla. 1st DCA 1999); Dulaney v. State, 735 So. 2d 505 (Fla. 1st DCA 1999). By analogy, revoking probation based partly on a purported violation that was not proved or admitted constitutes fundamental error. Additionally, it is reversible error to revoke probation on Condition (1) based on a purported v…
• RAY v. State, 855 So. 2d 1260 (Fla. 4th DCA 2003)
  …147 (Fla. 1st DCA 1997) (holding revocation of defendant’s probation based on violation not alleged in charging document is a deprivation of right to due process of law). Such error by the trial court constitutes fundamental error. Dulaney v. State, 735 So. 2d 505 (Fla. 1st DCA 1999) (where there has been revocation of probation for conduct not charged, the state has conceded that the error is fundamental); Smith v. State, 738 So. 2d 433, 435 (Fla. 1st DCA 1999) (holding revocation of probation on grounds nev…
• Haywood v. State, 987 So. 2d 1285 (Fla. 1st DCA 2008)
  …on uncharged grounds constitutes fundamental error. See Smith v. State, 738 So. 2d 433, 435 (Fla. 1st DCA 1999) (“Revocation of [*1288] probation on grounds never alleged in writing violates due process and is fundamental error.”); Dulaney v. State, 735 So. 2d 505, 506 (Fla. 1st DCA 1999); Richardson v. State, 694 So. 2d 147, 147 (Fla. 1st DCA 1997); Ray v. State, 855 So. 2d 1260, 1261 (Fla. 4th DCA 2003). Although appellant admitted during the revocation hearing that after June 22, 2006, he never spoke to hi…

Authorities Cited

• State v. Mancino, 714 So. 2d 429 (Fla. 1998)
• Williamson v. Penni Lane Williamson, 714 So. 2d 1167 (Fla. 3d DCA 1998)
• Baker v. State, 714 So. 2d 1167 (Fla. 1st DCA 1998)