3D2024-0843
The Third DCA affirmed revocation of Mc Taw's probation but reversed his sentence, holding the trial court committed fundamental error by relying on two withdrawn affidavits of violation of probation in finding him dangerous under section 948.06(8)(e) and imposing a 25-year sentence. The case was remanded for resentencing before a different judge.
Key facts
- Mc Taw was on probation when the trial court found him in violation of probation and revoked his probation, imposing a 25-year sentence based on dangerousness findings under section 948.06(8)(e).
- The trial court relied on two withdrawn affidavits of violation of probation when making its dangerousness finding and determining the sentence.
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Why it matters
This decision reinforces that trial courts may not rely on withdrawn or dismissed violation-of-probation affidavits—akin to dismissed charges—when making dangerousness findings under the violent felony offender of… — full analysis with a trial
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