Garcia v. State
The Second DCA reversed a probation revocation order because the trial court based the revocation on conduct (grand theft of a vehicle) that occurred before Garcia's operative probationary sentence began, and alternatively on conduct (continued possession of the stolen vehicle after his arrest) that was never alleged in the violation affidavit. The court held both grounds were legally impermissible bases for revocation.
Key facts
- Garcia was on probation and the State filed a violation of probation affidavit alleging specific conduct on a specific date.
- The trial court revoked Garcia's probation based on a grand theft of a vehicle that occurred before his probationary sentence began, and alternatively on his continued possession of the stolen vehicle after arrest, which was not alleged in the violation affidavit.
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Why it matters
This opinion reinforces two frequently litigated VOP defenses: that conduct predating the probationary sentence cannot support revocation, and that courts may not revoke probation based on conduct or dates not charged… — full analysis with a trial
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