TERRY L. POTTS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant appeals the lower court’s revocation of his probation and suspended sentence. At sentencing, the lower court suspended Appellant’s eighteen-month prison sentence on the condition that he complete two years’ probation. Later, the lower • court improperly amended Appellant’s probation by adding the requirement that he successfully complete a drug treatment program and subsequently revoked his suspended sentence for failure to complete the program. The probation condition requiring drug treatment was not imposed in the original sentence. The State concedes error because Appellant’s due process rights were violated. He did not receive a properly noticed hearing regarding the added condition of probation. § 948.06, Fla. Stat. (2012); Clark v. State, 579 So.2d 109 (Fla.1991).
We reverse the revocation of probation and remand with instructions to reinstate Appellant to the term of probation and conditions originally ordered.
REVERSED and REMANDED with INSTRUCTIONS.
PALMER and COHEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Tuttle, 177 So. 3d 1246 (Fla. 2015)…review of the decision of the Second District Court of Appeal in Tuttle v. State, 137 So. 3d 393 (Fla. 2d DCA 2014), on the ground that it expressly and directly conflicts with the decisions of the First District Court of Appeal in Johnson v. State, 133 So. 3d 602 (Fla. 1st DCA 2014), and Davis v. State, 74 So. 3d 1096 (Fla. 1st DCA 2011), the decision of the Fourth District Court of Appeal in Olivera v. State, 92 So. 3d 924 (Fla. 4th DCA 2012), and the decision of the Fifth District Court of Appeal in Washin…
Authorities Cited
- Clark v. State, 579 So. 2d 109 (Fla. 1991)