MICHAEL SPICER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
MICHAEL SPICER, PETITIONER,
STATE OF FLORIDA, RESPONDENT
992 So. 2d 367
Florida District Court of Appeal, Fifth District (2008)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The petition for belated appeal is granted. A copy of this opinion will be filed with the lower court and be treated as the notice of appeal from the judgment and sentence in Case No. 05-2007-CF-052539-A in the Circuit Court in and for Brevard County. See Fla. R.App. P. 9.141(c)(5)(D).
PETITION GRANTED.
PALMER, C.J., and SAWAYA and COHEN, JJ., concur.
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Deese v. State, 31 So. 3d 951 (Fla. 1st DCA 2010)…oing to do is revoke, adjudicate you guilty, I’m going to give you 87.9 months DOC. That’s the lowest permissible sentence in the sentencing guidelines. A revocation of probation is reviewed under the abuse of discretion standard. Michael v. State, 992 So. 2d 367 (Fla. 1st DCA 2008). “To establish a violation of probation, the prosecution must prove by a preponderance of the evidence that a probationer willfully violated a substantial condition of probation.” Van Wagner v. State, 677 So. 2d 314, 316 (Fla. 1s…
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Hileman v. State, 2 So. 3d 1065 (Fla. 3d DCA 2009)…iolation in the order revoking probation. The violation on the basis that defendant committed a new violation of law must be corrected on remand, because a violation of probation must be proven by a preponderance of the evidence. Michael v. State, 992 So. 2d 367, 369 (Fla. 1st DCA 2008); Francois v. State, 923 So. 2d 1219 (Fla. 3d DCA 2006). The defendant admitted the other two grounds; we, therefore, affirm the revocation but remand to the trial court to correct the sentence to omit any reference to the ne…