KELLY A. BOSWELL
v.
STATE OF FLORIDA
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A trial court must conduct full violation of probation proceedings rather than an abbreviated drug court hearing when revoking probation.
[1] When a trial court revokes probation, it must conduct full violation of probation proceedings affording due process rather than an abbreviated hearing, even in the contex…
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Join FLexlaw to unlock all legal intelligenceKelly Boswell's probation was revoked following an abbreviated hearing in drug court, and she was adjudicated guilty and sentenced to 31.2 months impr…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
KELLY A. BOSWELL,
Appellant,
v. Case No. 5D19-2890
5D19-2900 STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed January 29, 2021
Appeal from the Circuit Court for Volusia County, Sandra C. Upchurch, Judge.
Matthew J. Metz, Public Defender, and Teresa
D.
Sutton, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.
EDWARDS, J.
Appellant, Kelly A. Boswell, appeals the circuit court’s orders revoking her probation, adjudicating her guilty, and sentencing her to a 31.2-month term of imprisonment with the Department of Corrections. She argues that the court erred by conducting an abbreviated hearing and subsequently terminating her from participation
2 in drug court, rather than conducting a full violation of probation hearing. The State has commendably conceded error, and we agree that Appellant is entitled to full violation of probation proceedings in accordance with Gaither v. State, 296 So. 3d 553 (Fla. 5th DCA 2020). Gaither dealt with a matter of first impression in Florida and was decided after Appellant was sentenced; thus, it was not available to guide the trial court in conducting the proceedings that led to Appellant’s imprisonment. We reverse the subject orders, judgments, and sentences that resulted in Appellant’s imprisonment with the Department of Corrections and remand with instructions for the circuit court to promptly conduct full revocation of probation proceedings, as described in Gaither, to ensure that Appellant is afforded due process.
REVERSED AND REMANDED WITH INSTRUCTIONS.
EVANDER, C.J. and SASSO, JJ., concur.