Garcia v. State
The Second District reversed a probation revocation order where the trial court found Garcia violated probation by committing grand theft of a motor vehicle that began before his probation was imposed, and further relied on his continued possession of the stolen vehicle on a date not alleged in the violation affidavit. The court held both grounds were legally impermissible: conduct predating the probationary sentence cannot support revocation, and due process bars revocation based on conduct or dates not charged in the affidavit.
Key facts
- Garcia was placed on probation by court order and subsequently charged with violating probation by committing grand theft of a motor vehicle that began before the probation order was entered.
- The trial court found Garcia violated probation based on two grounds: the initial grand theft conduct that predated probation, and his continued possession of the stolen vehicle on a date not alleged in the violation affidavit.
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Why it matters
This decision reinforces two well-established but frequently litigated VOP principles: conduct predating a probationary sentence cannot form the basis of revocation, and revocation must be strictly tied to the dates and… — full analysis with a trial
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