WILLIE DELL SINGLETON, JR.
v.
STATE OF FLORIDA
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A violation of probation order must be reversed and remanded when the violation of probation affidavit is absent from the appellate record.
[1] When a violation of probation affidavit is absent from the appellate record, the violation of probation order must be reversed and remanded to the trial court to locate t…
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Join FLexlaw to unlock all legal intelligenceWillie Dell Singleton, Jr. was convicted of second-degree murder with a firearm and found guilty of violating his probation. The violation of probatio…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
WILLIE DELL SINGLETON, JR.,
Appellant,
v. Case No. 5D19-2001
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed August 28, 2020
Appeal from the Circuit Court for Volusia County, James R. Clayton, Judge.
James S. Purdy, Public Defender, and Kathryn Rollison Radtke, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Willie Dell Singelton, Jr. appeals his final judgment and sentence for seconddegree murder with a firearm and an order finding him guilty of violating his probation. We affirm the murder conviction without discussion. However, as the State concedes, reversal is required on the violation of probation order because the violation of probation affidavit is absent from the record on appeal. Because the record reflects the possible
2
existence of the affidavit, we reverse and remand to the trial court to conduct further proceedings directed at locating and considering the affidavit. See Jones v. State, 291 So. 3d 1280, 1281 (Fla. 1st DCA 2020); Raimondi v. State, 253 So. 3d 749, 751 (Fla. 3d DCA 2018); Lishinsky v. State, 219 So. 3d 89, 89 (Fla. 4th DCA 2017); Howard v. State, 883 So. 2d 879, 880 (Fla. 4th DCA 2004). If the trial court locates the affidavit on remand, it is directed to enter a written order specifying the conditions of probation found to have been violated by Singleton.
AFFIRMED, in part; REVERSED, in part; and REMANDED with instructions.
EVANDER, C.J., EISNAUGLE and SASSO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Marcine Howard v. State, 883 So. 2d 879 (Fla. 4th DCA 2004)
- Lishinsky v. State, 219 So. 3d 89 (Fla. 4th DCA 2017)
- Raimondi v. State, 253 So. 3d 749 (Fla. 3d DCA 2018)