Garcia v. State
The Second DCA reversed revocation of Garcia's probation where the trial court found a violation based on grand theft of a motor vehicle that occurred before his probationary sentence began and also relied on continued possession of the stolen vehicle on a date not alleged in the violation affidavit. The court held both bases were improper: conduct predating imposition of probation cannot support revocation, and due process forbids revoking probation based on conduct not charged in the affidavit or on a date different from that alleged.
Key facts
- Garcia was placed on probation, and the State filed a violation affidavit alleging he committed grand theft of a motor vehicle.
- The trial court found Garcia violated his probation based on the grand theft, which had actually occurred before his probationary sentence began, and also relied on his continued possession of the stolen vehicle on a date not alleged in the violation affidavit.
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Why it matters
This opinion reinforces two well-settled but frequently litigated VOP principles: probation cannot be revoked for pre-probation conduct, and the affidavit's alleged date/conduct strictly cabins what the State can prove… — full analysis with a trial
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