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12 Florida opinions name it 1 courts 1976–2019 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.
| Case | Followed | Cited |
|---|---|---|
Robinson v. Stategreen2 sentences2019See id. 2019See id. | 3 | 3 |
Robbins v. Stategreen2 sentences2006Unlike the reversal of a criminal conviction for insufficient evidence, the reversal of a violation of probation conviction for insufficient evidence does not "bar a second revocation hearing based on the filing of a new affidavit alleging the same violations." Reeves v. State, 366 So.2d 1229 , 1230 n. 2 (Fla. 2d DCA 1979); see also Robbins v. State, 318 So.2d 472, 473 (Fla. 4th DCA 1975). 1979NOTES [1] While evidence of a criminal conviction subsequent to placement of a defendant on probation is a sufficient basis upon which to revoke probation, the evidence concerning appellant's Georgia conviction was unavailing at the instant revocation hearing for two reasons: (1) It was not one of the violations charged in the affidavit or warrant, and (2) a certified copy of the judgment and sentence was not introduced into evidence at the hearing. [2] This reversal does not, of course, bar a second revocation hearing based on the filing of a new affidavit alleging the same violations, Robbin | 1 | 3 |
McCarrick v. Stategreen2 sentences1995See McCarrick v. State, 553 So.2d 1373 (Fla. 2d DCA 1989) (reversal of an order revoking probation does not bar a second revocation hearing based on an affidavit alleging the same violation). 1992McCarrick v. State, 553 So.2d 1373 (Fla. 2d DCA 1989); Tuff . | 1 | 2 |
Scott v. Stategreen1 sentence2009Scott v. State, 937 So.2d 746, 748 (Fla. 4th DCA 2006); Keith-Schrader v. State, 891 So.2d 1217, 1218 (Fla. 2d DCA 2005). | 1 | 1 |
Keith-Schrader v. Stategreen1 sentence2009Scott v. State, 937 So.2d 746, 748 (Fla. 4th DCA 2006); Keith-Schrader v. State, 891 So.2d 1217, 1218 (Fla. 2d DCA 2005). | 1 | 1 |
Martinez v. Stategreen1 sentence2001This scoresheet is incorrect because it erroneously scores 30 points for “legal constraint.” See Martinez v. State, 770 So.2d 211, 213 (Fla. 4th DCA 2000) (“ ‘When a defendant is being sentenced in a probation revocation hearing only for the original crime, case law provides that points may only be added if the defendant is under legal constraint at the time he committed the offense, not at the time probation was revoked.’ ”) (quoting Taylor v. State, 485 So.2d 900, 901 (Fla. 4th DCA 1986)). | 1 | 1 |
Taylor v. Stategreen1 sentence2001This scoresheet is incorrect because it erroneously scores 30 points for “legal constraint.” See Martinez v. State, 770 So.2d 211, 213 (Fla. 4th DCA 2000) (“ ‘When a defendant is being sentenced in a probation revocation hearing only for the original crime, case law provides that points may only be added if the defendant is under legal constraint at the time he committed the offense, not at the time probation was revoked.’ ”) (quoting Taylor v. State, 485 So.2d 900, 901 (Fla. 4th DCA 1986)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hampton v. State
green
2 sentences1979NOTES [1] While evidence of a criminal conviction subsequent to placement of a defendant on probation is a sufficient basis upon which to revoke probation, the evidence concerning appellant's Georgia conviction was unavailing at the instant revocation hearing for two reasons: (1) It was not one of the violations charged in the affidavit or warrant, and (2) a certified copy of the judgment and sentence was not introduced into evidence at the hearing. [2] This reversal does not, of course, bar a second revocation hearing based on the filing of a new affidavit alleging the same violations, Robbin 1976Since reversal of an order of revocation of probation, on the ground that it was based solely on hearsay, does not bar a second revocation hearing based on the filing of another affidavit alleging the same violation, Robbins v. State, 318 So.2d 472 (Fla.4th DCA 1975); White v. State, 301 So.2d 464 (Fla.1st DCA 1974); Hampton v. State, 276 So.2d 497 (Fla.3d DCA 1973), this proceeding may include a second hearing on revocation based upon violation of Condition (H). | 3 | 1976–1980 |
White v. State
green
2 sentences1979NOTES [1] While evidence of a criminal conviction subsequent to placement of a defendant on probation is a sufficient basis upon which to revoke probation, the evidence concerning appellant's Georgia conviction was unavailing at the instant revocation hearing for two reasons: (1) It was not one of the violations charged in the affidavit or warrant, and (2) a certified copy of the judgment and sentence was not introduced into evidence at the hearing. [2] This reversal does not, of course, bar a second revocation hearing based on the filing of a new affidavit alleging the same violations, Robbin 1976Since reversal of an order of revocation of probation, on the ground that it was based solely on hearsay, does not bar a second revocation hearing based on the filing of another affidavit alleging the same violation, Robbins v. State, 318 So.2d 472 (Fla.4th DCA 1975); White v. State, 301 So.2d 464 (Fla.1st DCA 1974); Hampton v. State, 276 So.2d 497 (Fla.3d DCA 1973), this proceeding may include a second hearing on revocation based upon violation of Condition (H). | 2 | 1976–1979 |
Reeves v. State
green
1 sentence2006Unlike the reversal of a criminal conviction for insufficient evidence, the reversal of a violation of probation conviction for insufficient evidence does not "bar a second revocation hearing based on the filing of a new affidavit alleging the same violations." Reeves v. State, 366 So.2d 1229 , 1230 n. 2 (Fla. 2d DCA 1979); see also Robbins v. State, 318 So.2d 472, 473 (Fla. 4th DCA 1975). | 1 | 2006–2006 |
Tuff v. State
green
1 sentence1989Tuff v. State, 338 So.2d 1335 (Fla.2d DCA 1976). | 1 | 1989–1989 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.