RUBEN DANYON MCCLOUD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2009-01-15
No. 1D14-5664
WOLF, BILBREY, and WINOKUR, JJ., concur.
213 So. 3d 971 Florida District Court of Appeal, First District (2009) Positive Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

A Florida appellate court reversed a probation revocation order when the underlying convictions that formed the sole basis for revocation were subsequently overturned on appeal. The court held that a probation revocation cannot stand if it rests entirely on convictions later found to be invalid.


Holding

The probation revocation order cannot stand when it rests solely on convictions that are later overturned. The court reversed the revocation order and remanded for the trial court to conduct an independent determination of whether the appellant actually violated the terms of probation.


Headnotes

[1] A conviction can serve as the basis for revoking probation only to the extent that the conviction is valid.

[2] An order revoking probation cannot stand if its sole basis is a conviction that is later overturned.

Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“A criminal conviction is clearly a sufficient basis to revoke probation [...] However, a conviction can serve as the basis of a revocation of probation only to the extent that the conviction is valid.”

Establishes the central legal principle: while convictions normally justify revocation, only valid convictions can do so.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

McCloud pleaded no contest to organized scheme to defraud in January 2009 and received a sentence of incarceration followed by probation. In April 201…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

This is a belated appeal challenging the trial court’s order revoking Appellant’s probation and sentence of fifteen years in prison. Because the convictions on which the trial court based its order have been overturned, we reverse and remand for further proceedings.

On January 15, 2009, pursuant to a plea of no contest, Appellant was found guilty of the offense of organized scheme to defraud. The trial judge sentenced Appellant to a term of incarceration to be followed by probation.

On April 7, 2010, the state filed an affidavit alleging Appellant committed new offenses of attempted murder, shooting or throwing deadly missiles, and possession of a firearm by a convicted felon, in violation of the condition of his probation that required him to “live and remain at liberty without violating any law.” At the ensuing revocation of probation hearing, the state’s sole evidence consisted of a certified judgment and sentence showing Appellant had been tried and convicted of the offenses alleged in the affidavit. The trial court revoked Appellant’s probation and sentenced him to a term of fifteen years’ imprisonment.

On October 9, 2014, approximately one year after the revocation hearing, this court reversed the judgment and sentence that served as the basis of Appellant’s revocation of probation and remanded the case for a new trial. McCloud v. State, 150 So.3d 822 (Fla. 1st DCA 2014). Appellant was subsequently granted this belated appeal. Appellant now argues that the trial court’s order of revocation of probation and subsequent sentence should also be reversed.

A criminal conviction is clearly a sufficient basis to revoke probation. Maselli v. State, 446 So.2d 1079, 1080 (Fla. 1984). However, a conviction can serve as the basis of a revocation of probation only to the extent that the conviction is valid. If the sole basis of a revocation order is a conviction that is later overturned, that order of revocation cannot stand. State ex rel Roberts v. Cochran, 140 So.2d 597, 600 *973(Fla.1962); Mattox v. State, 59 So.3d 253, 253-54 (Fla. 1st DCA 2011); Wendell v. State, 404 So.2d 1167, 1169 (Fla. 1st DCA 1981); Plummer v. State, 365 So.2d 1102, 1104 (Fla. 1st DCA 1979).

Here, the trial court’s order revoking Appellant’s probation was based entirely on the convictions later overturned in McCloud. Accordingly, the order revoking Appellant’s probation must be reversed and remanded for the trial court to make an independent , determination of whether Appellant violated probation. See Cochran, 140 So.2d at 600 (reversing and remanding with instructions for trial judge to make “independent determination” of whether law was violated where revocation of probation order was based on convictions later overturned); Wendell, 404 So.2d at 1169 (same).

The judgment and sentence is reversed and remanded for further proceedings consistent with this opinion.

WOLF, BILBREY, and WINOKUR, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw