Legal Opinion

Walker v. State

District Court of Appeal of Florida

Decided May 17, 2000No. 1D99-1306Published

1Per curiam

Appellant appeals an order revoking his probation. We reverse, because the trial court’s order expressly states it is based on charges contained in an amended affidavit filed after Appellant’s probationary period ended.

In this case, the amended affidavit raised a charge that appellant violated a condition of probation not raised in the original timely filed affidavit. Based on the record, we are unable to determine whether the trial court would have revoked Appellant’s probation based solely on the allegations contained in the original affidavit. Therefore, we reverse the order revoking…

2Cases cited2 opinions

  1. Richardson v. StateDistrict Court of Appeal of Florida · 1997
  2. Dulaney v. StateDistrict Court of Appeal of Florida · 1999

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