VICTOR M. REYES, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
VICTOR M. REYES, JR., APPELLANT,
STATE OF FLORIDA, APPELLEE
3 So. 3d 1267
Florida District Court of Appeal, Fifth District (2009)
Positive Treatment
Cited by 2 cases
Opinion of the Court
Victor M. Reyes appeals the order revoking his probation based on his commission of a civil traffic infraction for speeding. When Reyes was originally sentenced, the trial judge admonished Reyes: “When you do start driving, I don’t ever expect to hear you’re exceeding the speed limit at all.” However, there is nothing in the record indicating that the trial court made this admonition a condition of Reyes’ probation. Therefore, we reverse the order revoking probation.
REVERSED.
SAWAYA, GRIFFIN and EVANDER, JJ., concur.
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Walker v. State, 120 So. 3d 96 (Fla. 4th DCA 2013)…e.g., Cox v. State, 816 So. 2d 160, 160-61 (Fla. 2d DCA 2002), a defendant may not be found to have violated probation for committing a non-criminal traffic violation absent a special condition of probation proscribing such conduct. Reyes v. State, 3 So. 3d 1267, 1267 (Fla. 5th DCA 2009). A condition of probation that simply requires a probationer to “obey all laws” may not be used to support a revocation of probation in the case of a noncriminal traffic offense. See id.; accord State v. Sheehan, 167 Ariz.…