ROBERT W. BRIDGER
v.
STATE OF FLORIDA
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A probationer must be revoked only for violations alleged in the affidavit of violation, and revocation based on unalleged violations violates due process.
[1] Probation revocation based on a violation not alleged in the affidavit of violation violates due process and must be reversed.
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Join FLexlaw to unlock all legal intelligence“A probationer must be violated for the reasons stated in the affidavit filed, and the reasons must be established by substantial competent evidence at the hearing.”
Stanley v. State, 922 So. 2d 411, 415 (Fla. 5th DCA 2006)
Robert W. Bridger appealed an order revoking his probation and the resulting sentence. The trial court found that Bridger violated condition 26 of his…
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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
ROBERT W. BRIDGER, Appellant, v. Case No. 5D20-2385 LT Case No. 2016-102711-CFDL STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed November 19, 2021 Appeal from the Circuit Court for Volusia County, Dawn D. Nichols, Judge. Matthew J. Metz, Public Defender, and Robert Jackson Pearce, III, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Roberts
J.
Bradford, Jr., Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
2
Robert W. Bridger appeals an order revoking his probation and the resulting sentence. We agree with Bridger that the trial court’s finding that he violated condition 26 was not alleged in the affidavit of violation. Stanley v. State, 922 So. 2d 411, 415 (Fla. 5th DCA 2006) (“A probationer must be violated for the reasons stated in the affidavit filed, and the reasons must be established by substantial competent evidence at the hearing.”); Richardson v. State, 694 So. 2d 147, 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.” (citations omitted)); Wyns v. State, 679 So. 2d 882, 883 (Fla. 5th DCA 1996) (“Because fundamental due process requires revocation to be based upon only those violations alleged, the order of revocation is reversed.” (citation omitted)). We therefore remand with instructions that the trial court strike the finding that Bridger violated condition 26. See Brown v. State, 6 So. 3d 671, 672 (Fla. 2d DCA 2009). We otherwise affirm.
AFFIRMED in part; REVERSED in part; and REMANDED.
WALLIS, EISNAUGLE and SASSO, JJ., concur.
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Citator
Authorities Cited
- Sellie Richardson v. State, 694 So. 2d 147 (Fla. 1st DCA 1997)
- H.A.G. v. State, 922 So. 2d 411 (Fla. 2d DCA 2006)
- Brady Johnson v. State, 679 So. 2d 882 (Fla. 5th DCA 1996)
- Taurean Jamaal Brown v. State, 6 So. 3d 671 (Fla. 2d DCA 2009)