CYNTHIA DORIS JONES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed probation revocation due to procedural deficiencies including defendant's absence at initial hearing and lack of proper affidavit refiling, but affirmed contempt judgment.
Probation revocation was improper due to procedural deficiencies: defendant's absence at initial hearing, dismissal of the original affidavit without refiling, and failure to conduct a hearing on the merits.
[1] Probation revocation requires procedural regularity including defendant's presence, proper affidavit support, and a hearing on the merits, and cannot proceed based on a d…
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Join FLexlaw to unlock all legal intelligenceCynthia Doris Jones was on probation when the state sought revocation. At the initial hearing, the defendant was absent and the affidavit supporting r…
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PER CURIAM.
Cynthia Doris Jones appeals from an order revoking probation with consequent adjudication of guilt and sentence on the original conviction, or imprisonment for a term of 5 years, and also appeals from a judgment holding her in contempt of court, for which no separate sentence was imposed.
We hold the revocation of probation order was improper because of procedural deficiencies. The record shows that when the application for revocation came on for hearing the defendant was not present and the matter was not then heard, and the affidavit submitted as the basis for the revocation was dismissed. When the matter again came on for hearing, that affidavit was not refiled, and no new or other affidavit was filed. Also, due apparently to the serious distraction created by highly improper and foul language of the defendant in the presence of the court, for which the defendant was adjudged in contempt, the revocation was entered without the required trial or hearing on the merits thereof.
The order revoking probation and the adjudication of guilt and sentence of imprisonment are reversed, and the cause is remanded for further proceedings thereon. On the appeal from the judgment of contempt, that judgment is affirmed and the cause remanded for imposition of sentence thereon.
It is so ordered.
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Jules Ducas v. State, 35 So. 3d 1005 (Fla. 3d DCA 2010)…SUAREZ, J. Affirmed. See R.C. v. State, 648 So. 2d 1258 (Fla. 3d DCA 1995); Jones v. State, [*1006] 360 So. 2d 157 (Fla. 3d DCA 1978) (finding that foul language of the defendant in the presence of the court was contemptuous and upheld on appeal); Martinez v. State, 339 So. 2d 1133 (Fla. 2d DCA 1976) (finding that foul language said in open court was contemptuou…