BRADY JOHNSON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Sellie Richardson v. State, 694 So. 2d 147 (Fla. 1st DCA 1997)
  …r failure to make monthly reports, an offense not charged in the affidavit. The revocation of a defendant’s probation based on a violation not alleged in the charging document is a deprivation of the right to due process of law. See Wyns v. State, 679 So. 2d 882 (Fla. 5th DCA 1996); Harris v. State, 495 So. 2d 243 (Fla. 2d DCA 1986). In the present case, the state contends that the issue was not properly preserved for review under section 924.051(3), Florida Statutes, but we must reject this argument. A con…
• Toland Jerome Bonner v. State, 138 So. 3d 1101 (Fla. 1st DCA 2014)
  …r violations not alleged in the affidavit of violation of probation.”); Smith v. State, 738 So. 2d 433 (Fla. 1st DCA 1999) (“Revocation of probation on grounds never alleged in writing violates due process and is fundamental error.”); Wyns v. State, 679 So. 2d 882 (Fla. 5th DCA 1996) (“fundamental due process requires revocation to be based only on those violations alleged”). Accordingly, we reverse the trial court’s order and remand this matter to the trial court with orders to dismiss the violation of proba…
• Orion Hunter Manis v. State, 30 So. 3d 586 (Fla. 5th DCA 2010)
  …s a substantial likelihood he was involved in a home invasion armed. A trial court’s decision to revoke a defendant’s probation based on conduct not charged in the VOP affidavit violates due process and constitutes fundamental error. Wyns v. State, 679 So. 2d 882 (Fla. 5th DCA 1996). In Cherington v. State, 24 So. 3d 658 (Fla. 2d DCA 2009), the Second District explained: “[A] trial court is not permitted to revoke probation on conduct not charged in the affidavit of violation.” Parminter v. State, 762 So. 2…

Authorities Cited

• Wilson v. State, 595 So. 2d 1102 (Fla. 5th DCA 1992)