G.L., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the evidence presented was insufficient to establish a violation of the probation condition requiring school attendance, and the State could not affirm the revocation on a different, uncharged condition.
G.L., a minor, appealed the revocation of his probation. The affidavit of violation alleged he missed school and his whereabouts were unknown. The evi…
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STEVENSON, J.
G.L., a minor, appeals the revocation of his probation, challenging the sufficiency of the evidence. We find merit in his argument and reverse.
Among other things, the conditions of G.L.’s probation required that he attend school. The affidavit of violation alleged that G.L. had missed six weeks of school and his whereabouts were unknown. The evidence presented at the hearing, however, was clearly insufficient to establish that G.L. had failed to attend school during the time he was on probation. Indeed, the State concedes as much on appeal.
Despite the concession, the State invites this court to affirm because the conditions of G.L.’s probation also required that he cooperate with and maintain contact with his probation officer and the evidence did support a violation of this condition. We must decline the invitation as such a violation was not adequately charged. See Critsley v. State, 846 So. 2d 1255 (Fla. 4th DCA 2003); N.L. v. State, 825 So. 2d 509 (Fla. 1st DCA 2002).
REVERSED.
POLEN and KLEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- N.L. v. State, 825 So. 2d 509 (Fla. 1st DCA 2002)
- Critsley v. State, 846 So. 2d 1255 (Fla. 4th DCA 2003)