PETER M. ROBBINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PETER M. ROBBINS, APPELLANT,
STATE OF FLORIDA, APPELLEE
60 So. 3d 551
Florida District Court of Appeal, Fourth District (2011)
Caution
Cited by 6 cases
Opinion of the Court
We affirm the trial court’s adjudication and sentence for appellant’s violation of probation. We remand, however, for the trial court to correct a scrivener’s error: appellant was found guilty of only one count of violation of probation, not three.
Affirmed; Remanded with Instructions.
WARNER, POLEN and CONNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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McRAE v. State, 88 So. 3d 384 (Fla. 2d DCA 2012)…revocation.” Johnson v. State, 811 So. 2d 749, 750 (Fla. 2d DCA 2002). “[R]evoking an individual’s probation for conduct not alleged in the charging document deprives the individual of due process and constitutes fundamental error.” Wells v. State, 60 So. 3d 551, 553 (Fla. 1st DCA 2011); see also Johnson, 811 So. 2d at 750. “ ‘It is error for a trial court to revoke probation even for a conceded violation when the probationer has been charged with a different violation altogether.’ ” Ray v. State, 855 So. 2…
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Thompson v. State, 172 So. 3d 527 (Fla. 3d DCA 2015)…bation.” It is undisputed that the possession of money and the over-the-counter medication were not charged in the affidavit, and as such, the trial court was not permitted to revoke the defendant’s probation based upon this conduct. Wells v. State, 60 So. 3d 551, 553 (Fla. 1st DCA 2011); Richardson v. State, 694 So. 2d 147 (Fla. 1st DCA 1997) (“The revocation of a defendant’s probation based on a violation not alleged in the charging document is a deprivation of the right to due process of law.”). Based up…
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Quijano v. State, 270 So. 3d 549 (Fla. 2d DCA 2019)
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