N.L. v. State
District Court of Appeal of Florida
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
- Hines v. StateSupreme Court of Florida · 1978
- Richardson v. StateDistrict Court of Appeal of Florida · 1997
- Andrews v. StateDistrict Court of Appeal of Florida · 1997
- Burton v. StateDistrict Court of Appeal of Florida · 1995
- Smith v. StateDistrict Court of Appeal of Florida · 1999
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Perkins v. StateDistrict Court of Appeal of Florida · 2003
- Ray v. StateDistrict Court of Appeal of Florida · 2003
- McRae v. StateDistrict Court of Appeal of Florida · 2012
- Davis v. StateDistrict Court of Appeal of Florida · 2005
- Ruben McCloud v. State of FloridaDistrict Court of Appeal of Florida · 2018
6 more not listed; retrieve them via the Exa API.