BRYAN LEMASTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This appeal arises from an order revoking Appellant’s community control and imposing a prison sentence. Revocation based upon condition 9a was improper because the affidavits of violation of community control did not charge Appellant with violating this condition. See Brown v. State, 468 So. 2d 439, 440-41 (Fla. 2d DCA 1985).
It is unclear from the record whether the trial court would have revoked Appellant’s community control based solely upon Appellant’s failure to remain confined to his approved residence on two separate occasions. Therefore, we reverse and remand for the trial court’s consideration of the issue. See Whittington v. State, 688 So. 2d 1035, 1036 (Fla. 1st DCA 1997) (citing Gavins v. State, 587 So. 2d 487 (Fla. 1st DCA 1991)); Cobham v. State, 736 So. 2d 67 (Fla. 4th DCA 1999) (citing Thompson v. State, 710 So. 2d 80 (Fla. 4th DCA 1998)).
REVERSED and REMANDED.
BOOTH, MINER and VAN NORTWICK, JJ„ CONCUR.
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Johnson v. State, 811 So. 2d 749 (Fla. 2d DCA 2002)…cation on that basis because the transcripts reflect that it was not the basis for the revocation below, and we cannot say whether the trial court would have revoked the community control solely for the March 31st allegation. See Le Master v. State, 765 So. 2d 259 (Fla. 1st DCA 2000) (reversing revocation order where revocation was based on uncharged conduct and it was unclear whether trial court would have based revocation on remaining allegations of failing to remain confined to residence); Barnes v. State,…
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Bourne v. State, 869 So. 2d 606 (Fla. 1st DCA 2004)…the basic facts of the alleged violations. See Perkins v. State, 842 So. 2d 275, 277 (Fla. 1st DCA 2003). Thus, revoking a defendant’s probation based upon a violation that was not charged is error. See Perkins, 842 So. 2d at 277; LeMaster v. State, 765 So. 2d 259, 260 (Fla. 1st DCA 2000). In the instant case, the affidavit charging appellant with violations of his probation did not allege that appellant committed or was cited for careless driving on April 8, 2002, committed or was charged with resisting arre…
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McDONALD v. State, 892 So. 2d 1228 (Fla. 1st DCA 2005)…484 So. 2d 629, 630 (Fla. 3d DCA 1986)(affirm-ing an order revoking probation where three out of the five alleged violations were properly established); Boyink v. State, 480 [*1230] So. 2d 210, 211 (Fla. 1st DCA 1985) (same); cf. LeMaster v. State, 765 So. 2d 259, 260 (Fla. 1st DCA 2000) (holding that it was necessary to remand the order revoking probation where it was unclear from the record that the trial court would have revoked the appellant’s community control on sole remaining violation). We therefore…
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- Lambert Keith Gavins v. State, 587 So. 2d 487 (Fla. 1st DCA 1991)
- C.A. Burnette v. Grove Isle Club, Inc., 710 So. 2d 80 (Fla. 3d DCA 1998)
- Brown v. State, 468 So. 2d 439 (Fla. 2d DCA 1985)
- Cobham v. State, 736 So. 2d 67 (Fla. 4th DCA 1999)
- Brown v. State, 688 So. 2d 1035 (Fla. 1st DCA 1997)
- Whittington v. State, 688 So. 2d 1035 (Fla. 1st DCA 1997)