KELLY A. BOSWELL
v.
STATE OF FLORIDA

Fla. 5th DCA | 2021-01-29
No. 19-2890
Upchurch, J., Edwards, J., Evander, C.J., Sasso, J.
Florida District Court of Appeal, Fifth District (2021)

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Holding

A trial court must conduct full violation of probation proceedings rather than an abbreviated drug court hearing when revoking probation.

Headnotes

[1] When a trial court revokes probation, it must conduct full violation of probation proceedings affording due process rather than an abbreviated hearing, even in the contex…

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Facts & Procedural History

Kelly Boswell's probation was revoked following an abbreviated hearing in drug court, and she was adjudicated guilty and sentenced to 31.2 months impr…

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Topics
Violation Of Probation Probation Revocation Due Process

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Opinion of the Court
Edwards

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

KELLY A. BOSWELL,

Appellant,

v. Case No. 5D19-2890

5D19-2900 STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed January 29, 2021

Appeal from the Circuit Court for Volusia County, Sandra C. Upchurch, Judge.

Matthew J. Metz, Public Defender, and Teresa

D.

Sutton, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.

EDWARDS, J.

Appellant, Kelly A. Boswell, appeals the circuit court’s orders revoking her probation, adjudicating her guilty, and sentencing her to a 31.2-month term of imprisonment with the Department of Corrections. She argues that the court erred by conducting an abbreviated hearing and subsequently terminating her from participation

REVERSED AND REMANDED WITH INSTRUCTIONS.

EVANDER, C.J. and SASSO, JJ., concur.

Footnotes
2 in drug court, rather than conducting a full violation of probation hearing. The State has commendably conceded error, and we agree that Appellant is entitled to full violation of probation proceedings in accordance with Gaither v. State, 296 So. 3d 553 (Fla. 5th DCA 2020). Gaither dealt with a matter of first impression in Florida and was decided after Appellant was sentenced; thus, it was not available to guide the trial court in conducting the proceedings that led to Appellant’s imprisonment. We reverse the subject orders, judgments, and sentences that resulted in Appellant’s imprisonment with the Department of Corrections and remand with instructions for the circuit court to promptly conduct full revocation of probation proceedings, as described in Gaither, to ensure that Appellant is afforded due process.

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