EDITH RIVERA, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Tucker v. State, 873 So. 2d 1239 (Fla. 2d DCA 2004)
  …mbers were never included in any of the affidavits and amended affidavits of violation of probation, nor the warrants, that led to the revocation of her community supervision in the other cases. The State concedes this fact. See Jean-Marie v. State, 833 So. 2d 870 (Fla. 4th DCA 2003). Accordingly, we reverse Tucker’s judgments and sentences in case numbers 98-7951 and 00-976. As the State points out, “[u]pon remand, the trial court may reconsider entering revocation if the State files the proper affidavit and…
• Nelson v. State, 16 So. 3d 165 (Fla. 2d DCA 2009)
  …on in the three cases for which no affidavit of violation of probation was filed. It is fundamental error to revoke probation in a case when the State fails to allege a violation of probation for that particular case number. See Jean-Marie v. State, 833 So. 2d 870, 871 (Fla. 4th DCA 2003). In Jean-Marie, the trial court revoked probation in two cases although the affidavit of violation listed only one case number. The Fourth District held “that it was fundamental error to revoke probation in case number 99-8…

Authorities Cited

• Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
• Robinson v. State, 373 So. 2d 898 (Fla. 1979)