Legal Opinion

N.L. v. State

District Court of Appeal of Florida

Decided September 6, 2002No. 1D01-5055PublishedCited by 11 opinions

1Per curiam

The trial court found appellant guilty of violating her probation on grounds neither alleged nor proved. “[P]robationers are entitled to notice ‘of what law the probationer is alleged to have violated.’ ” Andrews v. State, 693 So.2d 1138, 1141 (Fla. *5101st DCA 1997) (quoting Burton v. State, 651 So.2d 793, 794 (Fla. 1st DCA 1995)). It is error for a trial court to revoke probation even for a conceded violation when the probationer has been charged with a different violation altogether. See Smith v. State, 738 So.2d 433, 435 (Fla. 1st DCA 1999) (“Revocation of probation on grounds never alleged in…

2Cases cited7 opinions

  1. Hines v. StateSupreme Court of Florida · 1978
  2. Richardson v. StateDistrict Court of Appeal of Florida · 1997
  3. Andrews v. StateDistrict Court of Appeal of Florida · 1997
  4. Burton v. StateDistrict Court of Appeal of Florida · 1995
  5. Smith v. StateDistrict Court of Appeal of Florida · 1999

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Perkins v. StateDistrict Court of Appeal of Florida · 2003
  2. Ray v. StateDistrict Court of Appeal of Florida · 2003
  3. McRae v. StateDistrict Court of Appeal of Florida · 2012
  4. Davis v. StateDistrict Court of Appeal of Florida · 2005
  5. Ruben McCloud v. State of FloridaDistrict Court of Appeal of Florida · 2018

6 more not listed; retrieve them via the Exa API.

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