ROBERTS
v.
STATE OF FLORIDA

Fla. 1st DCA | 2026-03-25
No. 2024-3077
2026 FL 3088 Florida District Court of Appeal, First District (2026)

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Holding

Probation revocation is affirmed where the record demonstrates the trial court would have revoked probation and imposed the same sentence based solely on violations properly proven at the hearing.


Headnotes

[1] A probation revocation order must be supported by competent substantial evidence for each alleged violation.

[2] Where a trial court relies on both proper and improper grounds for probation revocation, the revocation may be affirmed if the record clearly indicates the trial court wo…

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Key Quotes

“affirming revocation of probation where the record made clear that the trial court would have revoked probation and imposed the same sentence based solely on the violations properly proven”

Court's application of harmless error doctrine in probation revocation context

Facts & Procedural History

Roberts was on probation and had violations alleged against him at a revocation hearing. The trial court revoked his probation and imposed a sentence.…

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Opinion of the Court

PER CURIAM.

AFFIRMED. See Gross v. State, 346 So. 3d 1284, 1285 (Fla. 1st DCA 2022) (affirming revocation of probation where the record made clear that the trial court would have revoked probation and imposed the same sentence based solely on the violations properly proven); see also § 924.051(3), Fla. Stat. (limiting appellate review to the correction of prejudicial errors).

RAY, WINOKUR, and M.K. THOMAS, JJ., concur. Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

Jessica J. Yeary, Public Defender, and Jasmine Russell Dixon, Assistant Public Defender, Tallahassee, for Appellant.

James Uthmeier, Attorney General, and Darcy Townsend, Assistant Attorney General, Tallahassee, for Appellee.


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