Garcia v. State
The Second DCA reversed a probation revocation order because the trial court found a violation based on grand theft conduct that predated the imposition of the operative probationary sentence, and also relied on conduct (continued possession on a later date) not alleged in the violation affidavit. The court held both grounds legally insufficient to support revocation and remanded for further proceedings.
Key facts
- Garcia was placed on probation effective November 6, 2023, following a conviction.
- The State filed a violation affidavit alleging Garcia committed grand theft on July 29, 2023—a date before the probation order was imposed.
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Why it matters
This opinion reinforces two frequently litigated VOP defenses: the pre-probation-conduct bar and the affidavit-specificity/due-process requirement, collecting supporting citations from multiple districts (Malloy… — full analysis with a trial
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