Garcia v. State
The Second District reversed a probation revocation order because the trial court based revocation on conduct predating the imposition of probation, and separately relied on conduct not alleged in the violation affidavit. The court held that probation cannot be revoked for pre-probation conduct, and that due process requires the specific violation found to match the specific conduct and date alleged in the affidavit.
Key facts
- Garcia was placed on probation by the trial court, which later initiated a probation violation proceeding against him.
- The trial court revoked Garcia's probation based on conduct that occurred before the probation order was imposed and on conduct not alleged in the violation affidavit.
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Why it matters
This opinion reinforces two recurring VOP defenses: the prohibition on revoking probation for conduct predating imposition of probation, and the due-process requirement that revocation be based strictly on the conduct… — full analysis with a trial
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