Johnston v. State

Appellant, Rodney Johnston, appeals from written orders revoking community control and probation, and from a seven-year prison term. We affirm in part and reverse in part.

Appellant correctly argues that the order revoking probation should be vacated because no formal charge of violation of probation had been filed. This issue may be raised for the first time on appeal because it rises to the level of fundamental error. Sanford v. Rubin, 237 So.2d 134 (Fla.1970). Accordingly, the trial court’s order revoking Appellant’s probation is reversed.

However, we affirm the written order revoking…