PAUL WALKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant appeals an order revoking his probation. We reverse, because the trial court’s order expressly states it is based on charges contained in an amended affidavit filed after Appellant’s probationary period ended.
In this case, the amended affidavit raised a charge that appellant violated a condition of probation not raised in the original timely filed affidavit. Based on the record, we are unable to determine whether the trial court would have revoked Appellant’s probation based solely on the allegations contained in the original affidavit. Therefore, we reverse the order revoking probation, and remand to the trial court for further proceedings. Dulaney v. State, 735 So. 2d 505 (Fla. 1st DCA 1999); Richardson v. State, 694 So. 2d 147 (Fla. 1st DCA 1997).
REVERSED and REMANDED.
ERVIN, BOOTH and BENTON, JJ., CONCUR.
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Hill v. Hill, 778 So. 2d 967 (Fla. 2001)…ase, the trial court transferred primary residential custody from Petitioner, Sandra Hill, the former wife, to Respondent James Hill, the former husband, in response to the former husband’s post-judgment petition to modify custody. See Hill v. Hill, 765 So. 2d 99 (Fla. 1st DCA 2000). The former wife appealed this order to the First District Court of Appeal, which sua sponte directed that the case be afforded expedited treatment because it “directly involved the welfare of a child.” The First District then re…1 / 2
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Richardson v. Algeree Diane Adams (Fla. 1st DCA 2020)…PER CURIAM. AFFIRMED. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (discussing appellant’s burden to provide the court with a record showing reversible error); Hill v. Hill, 765 So. 2d 99, 100 (Fla. 1st DCA 2000) (affirming appeal of non-final order where court ordered appellant to file a brief with appendix, and appellant filed an appendix with documents insufficient to support reversal). ROBERTS, ROWE, and KELSEY, JJ., concur. __…
Authorities Cited
- Sellie Richardson v. State, 694 So. 2d 147 (Fla. 1st DCA 1997)
- Jones v. State, 735 So. 2d 505 (Fla. 1st DCA 1999)
- Dulaney v. State, 735 So. 2d 505 (Fla. 1st DCA 1999)