CLINTON WAYNE CONNOR, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Perkins v. State, 842 So. 2d 275 (Fla. 1st DCA 2003)
  …the trial court found that the appellant violated probation for failing to report to her probation officer, the officer’s affidavit neither mentioned the reporting requirements nor alleged that the appellant.had neglected to report); Nagel v. State, 758 So. 2d 1206, 1208 (Fla. 4th DCA 2000) (reversing and remanding the trial court’s finding that the appellant violated probation as neither the violation of probation affidavit nor the violation report specifically alleged that appellant violated condition five o…
• Cornell Jackson v. State, 880 So. 2d 1241 (Fla. 1st DCA 2004)
  …rope v. Missouri, 420 U.S. 162, 172, 95 S.Ct. 896, 43 L.Ed.2d 103 (1975)); Jackson, 810 So. 2d at 547. Because the deprivation of the right to due process constitute^ fundamental error, a harmless error review is not appropriate. See Nagel v. State, 758 So. 2d 1206, 1207 (Fla. 4th DCA 2000); see also F.B. v. State, 852 So. 2d 226, 227 (Fla.2003) (holding that fundamental error may be raised for the first time on appeal); Tait, 387 So. 2d at 341 (finding that the State’s suggestion that the absence of a request…
• Marcine Howard v. State, 883 So. 2d 879 (Fla. 4th DCA 2004)
  …1115, 1116 (Fla. 4th DCA 2000) (holding that trial court erred in revoking community control where “affidavit and warrant appearing in the record do not charge the substantive violation” for which defendant’s probation was revoked); Nagel v. State, 758 So. 2d 1206, 1208 (Fla. 4th DCA 2000). A violation of probation proceeding is “set in motion” when an arrest warrant issues based upon an affidavit alleging a violation of probation. State v. Boyd, 717 So. 2d 524, 526 (Fla.1998).1 The filing of the affidavit an…

Authorities Cited

• Hyden v. State, 715 So. 2d 960 (Fla. 4th DCA 1998)