H.A.G., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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FULMER, Chief Judge.
H.A.G. appeals from a revocation of probation. Because the trial court did not conduct an inquiry into H.A.G.’s waiver of counsel until after the court elicited an admission to the violation of probation, we reverse.
The record does not reflect any discussion of H.A.G.’s right to counsel until after the trial court explained the allegations and asked if H.A.G. wanted to admit or deny. H.A.G. stated that he would admit the violations. The court then conducted a plea colloquy and asked if H.A.G. understood that he was giving up his right to an attorney for the purpose of the plea. This procedure was insufficient to ensure a voluntary waiver of counsel pursuant to Florida Rule of Juvenile Procedure 8.165. See State v. T.G., 800 So. 2d 204, 211 (Fla.2001); C.K. v. State, 909 So. 2d 602, 604 (Fla. 2d DCA 2005). The State concedes error. Accordingly, we reverse the revocation of probation and remand for further proceedings.
Reversed and remanded.
CASANUEVA and LaROSE, JJ., Concur.
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Odom v. State, 15 So. 3d 672 (Fla. 1st DCA 2009)…138, 1141 (Fla. 1st DCA 1997) (quoting Burton v. State, 651 So. 2d 793, 794 (Fla. 1st DCA 1995)). “[T]he language used in a condition of probation is determinative of a probationer’s duties and responsibilities while on probation.” Stanley v. State, 922 So. 2d 411, 414 (Fla. 5th DCA 2006). By its plain words, this condition relates only to the requirement to turn in to the probation officer each month a full, truthful form. In contrast, the affidavit of violation of probation alleged 1) not only Appellant’s f…
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Gauthier v. State, 949 So. 2d 326 (Fla. 5th DCA 2007)…dence without his probation officer’s knowledge and approval. We agree and reverse. Our standard of review for a violation of probation determination is abuse of discretion. See Bernhardt v. State, 288 So. 2d 490, 501 (Fla.1974); Stanley v. State, 922 So. 2d 411 (Fla. 5th DCA 2006). A violation of probation must be both willful and substantial before a defendant’s probation may be revoked. See State v. Carter, 835 So. 2d 259 (Fla.2002); Robinson v. State, 907 So. 2d 1284, 1286 (Fla. 2d DCA 2005); King v. St…
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Ramirez v. State, 4 So. 3d 752 (Fla. 2d DCA 2009)…ss. Florida law requires that a probation order “adequately place the probationer on notice of conduct that is both required and prohibited during the probationary period.” Lawson v. State, 969 So. 2d 222, 230 (Fla.2007); see also Stanley v. State, 922 So. 2d 411, 415 (Fla. 5th DCA 2006) (holding that in order to violate probationer, a violation “must mirror the language of the condition of probation allegedly violated”). “Probation may only be revoked for violation of a condition which is imposed by the cou…
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- State v. T.G., 800 So. 2d 204 (Fla. 2001)
- C.K. v. State, 909 So. 2d 602 (Fla. 2d DCA 2005)