Garcia v. State
The Second DCA reversed a probation revocation order because the trial court found Garcia violated probation based on conduct (stealing a vehicle) that predated the imposition of his probationary sentence, and separately based on continued possession of the vehicle on a date not alleged in the violation affidavit. The court held both bases were legally impermissible: probation cannot be revoked for pre-probation conduct, and due process bars revocation based on conduct not charged in the affidavit or proven on a different date than alleged.
Key facts
- Garcia was placed on probation for a crime; the trial court revoked his probation based on alleged vehicle theft and continued possession of that vehicle.
- Garcia argued the vehicle theft occurred before his probationary sentence was imposed, and the alleged possession violation occurred on a date not specified in the violation affidavit.
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Why it matters
This opinion consolidates and reaffirms two recurring VOP defenses: the temporal requirement that the alleged violation occur after the probation order is entered, and the due-process requirement that revocation be… — full analysis with a trial
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