KYLE NATHAN HURTA
v.
STATE OF FLORIDA
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Kyle Hurta challenges the revocation of his probation after he was arrested on fifteen counts of child pornography possession, violating condition 5 of his supervision. The Fifth District affirms the revocation and sentence but remands for procedural corrections to the revocation order and judgment to properly identify the violated condition and assess costs appropriately.
The court affirmed that the revocation of Hurta's probation and the judgment and sentence imposed were proper. However, the court remanded for entry of an amended revocation order that explicitly identifies condition 5 as the violated condition and an amended judgment identifying costs assessed solely for violation of probation.
[1] An order revoking probation must identify with specificity which condition of supervision was violated by the probationer.
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Join FLexlaw to unlock all legal intelligence“we affirm the revocation of Appellant Kyle Hurta's probation and the judgment and sentence imposed after he violated condition 5 of his supervision by being arrested on fifteen counts of possession of child pornography”
Establishes the core holding that probation revocation was proper based on the arrest violating condition 5
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Join FLexlaw to unlock all legal intelligenceHurta was on probation with a condition (condition 5) that he not be arrested. While under supervision, Hurta was arrested on fifteen counts of posses…
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February 28, 2025 PER CURIAM.
In this Anders* appeal, we affirm the revocation of Appellant Kyle Hurta’s probation and the judgment and sentence imposed after he violated condition 5 of his supervision by being arrested on fifteen counts of possession of child pornography. However, we remand for entry of (i) an amended order of revocation of probation that identifies condition 5 as that which Hurta violated, see Bride v. State, 391 So. 3d 515 (Fla. 5th DCA 2024), and (ii) an amended order/final judgment for charges, costs, and fees judgment identifying the costs assessed only for violation of probation.
AFFIRMED; REMANDED with instructions.
WALLIS, SOUD, and PRATT, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ * Anders v. California, 386 U.S. 738 (1967).
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Hurta v. State, 391 So. 3d 515 (Fla. 5th DCA 2025)…his supervision by being arrested on fifteen counts of possession of child pornography. However, we remand for entry of (i) an amended order of revocation of probation that identifies condition 5 as that which Hurta violated, see Bride v. State, 391 So. 3d 515 (Fla. 5th DCA 2024), and (ii) an amended order/final judgment for charges, costs, and fees judgment identifying the costs assessed only for violation of probation. AFFIRMED; REMANDED with instructions. WALLIS, SOUD, and PRATT, JJ., concur.…
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Helena Rena Billingsly v. State (Fla. 5th DCA 2026)
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Hurta v. State, 391 So. 3d 515 (Fla. 5th DCA 2025)