RAYMOND BENITEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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This is an appeal from a summary denial of a Rule 1.850, 33 F.S.A., motion in which petitioner alleged that his probation was revoked without notice to him and without opportunity for him to be heard. While revocation of probation proceedings may be conducted on a much more informal basis than a trial, due process requires at least that one whose probation may be revoked be given notice and an opportunity to be heard.1
The record does not refute appellant’s allegations. We therefore reverse and remand for a hearing on the question of the sufficiency of petitioner’s notice and opportunity to be heard when his probation was revoked.
HOBSON, C. J., and LILES, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Levern Simmons v. State, 305 So. 2d 178 (Fla. 1974)…ew by writ of certiorari a decision of the District Court of Appeal, Third District, affirming petitioner’s conviction of robbery and revocation of parole, reported at 287 So. 2d 720. Petitioner alleged conflict with Benitez v. State (Fla.App.1970), 230 So. 2d 190, and Hooks v. State (Fla.App.1970), 207 So. 2d 459. We issued the writ and the parties waived oral argument. Upon further consideration of the briefs and the record, below, we now conclude the writ was improvidently issued. The facts show petitione…
Authorities Cited
- Brill v. State, 159 Fla. 682 (Fla. 1947)
- McNEELY v. State, 186 So. 2d 520 (Fla. 2d DCA 1966)
- Gonzalez v. State, 159 Fla. 681 (Fla. 1947)
- Hooks v. State, 207 So. 2d 459 (Fla. 2d DCA 1968)
- Steil v. Starling, 165 So. 2d 246 (Fla. 1st DCA 1964)