Legal Opinion

Barnes v. State

District Court of Appeal of Florida

Decided November 21, 2007No. 4D06-419Published

1Opinion of the CourtPolen, J.

Appellant Kurtis Barnes timely appeals the revocation of probation for possession of cocaine with intent to deliver and sentence of fifteen years in Florida state prison.

Barnes argues that the amendment of the date of the crime, coming as it did in the middle of the hearing, was substantial and prejudicial. Barnes claims he is entitled to a new hearing as his right to a fair hearing was violated. We affirm on that issue but remand with instructions to enter a written order specifying the conditions of probation which Barnes was found to have violated and which conforms to the court’s oral…

2Cases cited3 opinions

  1. Jordan v. StateDistrict Court of Appeal of Florida · 1986
  2. Mendoza Madoses v. StateDistrict Court of Appeal of Florida · 1987
  3. Moss v. StateDistrict Court of Appeal of Florida · 1993

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