affidavit of probation violation (Florida) · Go Syfert
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affidavit of probation violation in Florida

12 Florida opinions name it 2 courts 1977–2014 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
State v. Hallgreen
fla · 1994 · cited in 2 Florida opinions naming this issue, 2004–2006
2 sentences

2006See State v. Hall, 641 So.2d 403 (Fla.1994) (holding that the trial court could not consider new charges in the amended affidavit of probation violation where the original affidavit was timely filed, but the amended affidavit was not filed until after the probationary period had expired).

2004Seitz bases his third argument (lack of jurisdiction) principally on State v. Hall, 641 So.2d 403 (Fla.1994), wherein the supreme court was answering the certified question: “Whether the trial court could consider new charges in an amended affidavit of probation violation where the original affidavit was timely filed, but the amended affidavit was not filed until after the probationary period had expired because the defendant committed the alleged violation at, or near, the end of his probation period?” The supreme court answered the question in the negative, reaffirming the longstanding rule

12
State v. Garciagreen
fladistctapp · 1997 · cited in 1 Florida opinions naming this issue, 2014–2014
1 sentence

2014Id. (finding there was no error when the trial court permitted the State to amend the affidavit to reflect the correct date that appellant was placed on probation); see also State v. Garcia, 692 So.2d 984, 985 (Fla. 3d DCA 1997) (finding no prejudice where the State sought to amend the information to reflect the correct date of the charge).

11
Stambaugh v. Stategreen
fladistctapp · 2005 · cited in 1 Florida opinions naming this issue, 2005–2005
1 sentence

2005See Paulk v. State, supra ; Shropshire v. State, supra ; Stambaugh v. State, 891 So.2d 1136, 1139 (Fla. 4th DCA 2005)(mere filing of an affidavit of probation is insufficient to ensure trial court's jurisdiction over defendant to revoke his probation).

11
Green v. Stategreen
fla · 1985 · cited in 1 Florida opinions naming this issue, 2001–2001
1 sentence

2001See Green v. State, 463 So.2d 1139 (Fla.1985); Russ v. State, 313 So.2d 758 (Fla.1975); State v. Jones, 425 So.2d 178 (Fla. 1st DCA 1983); Bones v. State, 764 So.2d 888 (Fla. 4th DCA 2000); Jolly v. State, 756 So.2d 142 (Fla. 4th DCA 2000) (on reh’g).

11
Singletary v. Stategreen
fladistctapp · 1974 · cited in 1 Florida opinions naming this issue, 1996–1996
1 sentence

1996In making that determination we note that “[t]he judge is not required to follow strict rules of evidence and may consider letters, affidavits, and other material that would not be admissible in a trial.” Singletary v. State, 290 So.2d 116, 121 (Fla. 4th DCA), cert. dismissed, 293 So.2d 361 (Fla.1974).

11
Francois v. Stategreen
fladistctapp · 1996 · cited in 1 Florida opinions naming this issue, 1996–1996
1 sentence

1996Francois v. State, 676 So.2d 1041, 1042 (Fla. 3d DCA), review granted, No. 88,540, 683 So.2d 483 (Fla.1996).

11
Patrick v. Stategreen
fladistctapp · 1976 · cited in 1 Florida opinions naming this issue, 1979–1979
1 sentence

1979See Patrick v. State, 336 So.2d 1253 (Fla. 1st DCA 1976).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
Rosser v. State green
fladistctapp · 1995
1 sentence

2014Id. (finding there was no error when the trial court permitted the State to amend the affidavit to reflect the correct date that appellant was placed on probation); see also State v. Garcia, 692 So.2d 984, 985 (Fla. 3d DCA 1997) (finding no prejudice where the State sought to amend the information to reflect the correct date of the charge).

12014–2014
Salzano v. State green
fladistctapp · 1995
1 sentence

2007Id.

12007–2007
State v. Jones green
fladistctapp · 1983
1 sentence

2001See Green v. State, 463 So.2d 1139 (Fla.1985); Russ v. State, 313 So.2d 758 (Fla.1975); State v. Jones, 425 So.2d 178 (Fla. 1st DCA 1983); Bones v. State, 764 So.2d 888 (Fla. 4th DCA 2000); Jolly v. State, 756 So.2d 142 (Fla. 4th DCA 2000) (on reh’g).

12001–2001
Jolly v. State neutral
fladistctapp · 2000
1 sentence

2001See Green v. State, 463 So.2d 1139 (Fla.1985); Russ v. State, 313 So.2d 758 (Fla.1975); State v. Jones, 425 So.2d 178 (Fla. 1st DCA 1983); Bones v. State, 764 So.2d 888 (Fla. 4th DCA 2000); Jolly v. State, 756 So.2d 142 (Fla. 4th DCA 2000) (on reh’g).

12001–2001
Russ v. State green
fla · 1975
1 sentence

2001See Green v. State, 463 So.2d 1139 (Fla.1985); Russ v. State, 313 So.2d 758 (Fla.1975); State v. Jones, 425 So.2d 178 (Fla. 1st DCA 1983); Bones v. State, 764 So.2d 888 (Fla. 4th DCA 2000); Jolly v. State, 756 So.2d 142 (Fla. 4th DCA 2000) (on reh’g).

12001–2001
Bones v. State green
fladistctapp · 2000
1 sentence

2001See Green v. State, 463 So.2d 1139 (Fla.1985); Russ v. State, 313 So.2d 758 (Fla.1975); State v. Jones, 425 So.2d 178 (Fla. 1st DCA 1983); Bones v. State, 764 So.2d 888 (Fla. 4th DCA 2000); Jolly v. State, 756 So.2d 142 (Fla. 4th DCA 2000) (on reh’g).

12001–2001
Singletary v. State neutral
fla · 1974
1 sentence

1996In making that determination we note that “[t]he judge is not required to follow strict rules of evidence and may consider letters, affidavits, and other material that would not be admissible in a trial.” Singletary v. State, 290 So.2d 116, 121 (Fla. 4th DCA), cert. dismissed, 293 So.2d 361 (Fla.1974).

11996–1996
Hodges v. State green
fladistctapp · 1979
1 sentence

1984Hodges v. State, 370 So.2d 78 (Fla. 2d DCA 1979).

11984–1984
Green v. State neutral
fladistctapp · 1984
1 sentence

1984At the probation revocation hearing the court “found that the evidence failed to eliminate his doubt and was insufficient to justify revocation of Green’s probation.” 450 So.2d at 509 .

11984–1984
Frederick v. State neutral
fladistctapp · 1976
1 sentence

1977The appellant’s main point on appeal is that the affidavit asserting the violation of condition (4) charged him with nothing more than having been accused and arrested which cannot sustain the revocation of probation. 1 Appellant relies primarily upon Frederick v. State, 339 So.2d 251 (Fla.4th DCA 1976), in which the affidavit of probation violation contained the following charge: “ ‘Violation of Condition (h) which states, “Live and remain at liberty without violating any laws”, in that on 7-9-75, the aforesaid did admit to Mr. Charles L.

11977–1977

Statutes the citing opinions construe

FL § 948.06 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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