KELLY KOON
v.
STATE OF FLORIDA
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A trial court must conduct an adequate colloquy with a probationer before accepting an admission of probation violations; mere reliance on defense counsel's representations is insufficient.
[1] A trial court must conduct a personal colloquy with a probationer before accepting an admission of probation violations; acceptance of an admission based solely on defens…
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Join FLexlaw to unlock all legal intelligenceAppellant was on probation and faced revocation proceedings. The trial court did not conduct any colloquy with appellant, but instead accepted defense…
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October 23, 2019 PER CURIAM.
Appellant challenges the revocation of his probation, arguing that the trial court failed to conduct an adequate admission colloquy. The state properly concedes error. The record does not show that the trial court conducted any colloquy with Appellant. It merely accepted defense counsel’s representations that Appellant was admitting the violations. Therefore, we reverse the revocation of Appellant’s probation, vacate the sentence imposed, and remand for further proceedings. See Donaldson v. State, 219 So. 3d 996 (Fla. 1st DCA 2017).
REVERSED and REMANDED.
RAY, C.J., and WINOKUR, J., and SHARRIT, MICHAEL S., ASSOCIATE JUDGE, concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Baya Harrison, Monticello, for Appellant. Ashley Moody, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Appellee.