PHILLIP SHIFLETT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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NORTHCUTT, Judge.
The circuit court revoked Phillip Shi-flett’s probation and sentenced him without conducting a revocation hearing. Shi-flett had not entered either an oral or written plea to the asserted violations. We reverse.
The record reflects that Shiflett had been attempting to negotiate a plea agreement with the State. The circuit court was aware of these ongoing efforts, and had continued the matter several times. Through inadvertence, the court sentenced Shifflett in four separate cases in which he had been serving probation, although Shiflett had never admitted the violations.
A court may revoke probation if the probationer admits the violation, or, if not admitted, after it has given the accused an opportunity .to be fully heard. See § 948.06, Fla. Stat. (1999). The court may sentence the probationer only after it has properly revoked probation. See id. We reverse and remand for further proceedings.
PATTERSON, C.J., and STRINGER, J., Concur.
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Casas v. State, 27 So. 3d 203 (Fla. 2d DCA 2010)…onstitutes fundamental error.” Odom v. State, 15 So. 3d 672, 678 (Fla. 1st DCA 2009). Trial courts cannot find a violation of probation where no evidence is presented and the defendant does not admit to the alleged violation. See Shiflett v. State, 779 So. 2d 461, 462 (Fla. 2d DCA 2000); Carlyle v. State, 599 So. 2d 240, 241 (Fla. 2d DCA 1992). Here, the transcript of the revocation of probation hearing demonstrates that Mr. Casas did not admit to violating condition six; accordingly, the trial court should…