TIMOTHY LAWRENCE
v.
STATE
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A probation revocation order must be based on evidence adduced at a revocation hearing and must include a written statement of reasons for the revocation.
[1] A probation revocation order must be supported by a written statement of reasons and evidence adduced at a revocation hearing where the defendant either admitted to or wa…
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Citation to McCloud v. State establishing the procedural requirement for probation revocations
Timothy Lawrence appealed an order revoking his probation. The revocation order contained no indication that Lawrence admitted to the violations or th…
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Timothy Lawrence appeals an order revoking his probation. The revocation order neither indicates that Mr. Lawrence admitted to committing the violations nor that it is based on evidence adduced at a revocation hearing. See McCloud v. State, 653 So. 2d 453, 454–56 (Fla. 3d DCA 1995) (holding that trial court is required to provide written statement of reasons for revocation, and evidence relied upon in making that finding). The State concedes there is nothing in the record to show either that a revocation hearing took place or that Mr. Lawrence admitted to the probation violations. Based on our review of the record, and the State’s proper confession of error, we vacate the revocation order and remand to the trial court for further proceedings.
Reversed and remanded.