Mitchell v. State

Wycliffe Inston Mitchell appeals the order revoking his probation in two cases. The State properly concedes that the trial court erred in revoking Mitchell’s probation based on a finding that he violated his curfew, as the trial court did not impose a curfew as a special condition of probation. See Narvaez v. State, 674 So.2d 868, 869 (Fla. 2d DCA 1996) (holding it is funda*310mental error for a trial court to find a person in violation of a condition of probation that was never ordered).

Accordingly, we reverse the order of revocation and the resulting sentences. We note that Mitchell has been…