Garcia v. State
The Second DCA reversed a probation revocation because the trial court found Garcia violated probation by committing grand theft of a motor vehicle on a date that predated the imposition of the probationary sentence, and alternatively by conduct (continued possession/use of the stolen vehicle on a later date) that was never alleged in the violation affidavit. The court held both grounds were legally impermissible bases for revocation.
Key facts
- Garcia was placed on probation; the State filed a violation of probation affidavit alleging Garcia committed grand theft of a motor vehicle on a specific date.
- The trial court found Garcia violated probation based on the grand theft occurring before the probation sentence was imposed, and alternatively based on Garcia's continued possession and use of the stolen vehicle on a later date.
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Why it matters
This opinion reinforces two frequently litigated due-process limits on VOP proceedings: revocation cannot rest on pre-probation conduct, and cannot rest on conduct outside the specific dates alleged in the affidavit… — full analysis with a trial
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