VELPO HOGG
v.
STATE OF FLORIDA
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Velpo Hogg appealed two consolidated probation revocation cases. The court affirmed the revocation and sentence in one case (2012-033862-CFAES) but vacated the probation revocation order in the other case (2013-303091-CFDB) where the trial court found the violation was not proven.
The probation revocation in case 2012-033862-CFAES was affirmed where a violation was proven. The probation revocation order in case 2013-303091-CFDB was vacated because the trial court found the violation had not been proven by the State.
[1] A probation revocation order must be vacated when the trial court expressly finds that the State failed to prove the alleged violation of probation by the required standa…
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Join FLexlaw to unlock all legal intelligence“we affirm, without further discussion, the trial court's order revoking sex offender probation and the resulting judgment and sentence imposed upon Appellant in circuit court case number 2012-033862-CFAES after a violation of probation non-jury trial”
Establishes the affirmance of probation revocation in the first case where violation was proven
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Join FLexlaw to unlock all legal intelligenceHogg was a sex offender on probation in two separate cases. In case 2012-033862-CFAES, a violation of probation was found after a non-jury trial and p…
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March 21, 2025 PER CURIAM.
In these consolidated appeals proceeding under Anders v. California, 386 U.S. 738 (1967), we affirm, without further discussion, the trial court’s order revoking sex offender probation and the resulting judgment and sentence imposed upon Appellant in circuit court case number 2012-033862-CFAES after a violation of probation non-jury trial.
However, we vacate the order revoking probation entered in circuit court case number 2013-303091-CFDB after the same trial because the trial court found that the sole violation of probation alleged in this case had not been proven by the State, as further evidenced by the court having not thereafter imposed judgment and sentence.
AFFIRMED as to circuit court case number 2012-033862-CFAES; ORDER VACATED in circuit court case number 2013-303091-CFDB. WALLIS, LAMBERT, and SOUD, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.