EDDIE MCHOLDER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EDDIE MCHOLDER, APPELLANT,
STATE OF FLORIDA, APPELLEE
902 So. 2d 348
Florida District Court of Appeal, Fifth District (2005)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
This appeal is governed by Smartmays v. State, 901 So. 2d 278 (Fla. 5th DCA 2005). The defendant’s failure to object to the lack of a properly notarized affidavit charging a probation violation waived the error. AFFIRMED.
PETERSON, GRIFFIN and PLEUS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Burlew v. State, 905 So. 2d 1035 (Fla. 5th DCA 2005)…whether he violated sex offender probation because the charging affidavit was not sworn to under oath. The failure of a defendant to object to the lack of a properly notarized affidavit of violation, however, waives the error. See McHolder v. State, 902 So. 2d 348 (Fla. 5th DCA 2005); Smartmays v. State, 901 So. 2d 278 (Fla. 5th DCA 2005) (“such noncompliance, while error, is not the type of defect which has traditionally been considered fundamental, particularly in a probation revocation context”). See also…
Authorities Cited
- Smartmays v. State, 901 So. 2d 278 (Fla. 5th DCA 2005)