Garcia v. State
The Second DCA reversed a probation revocation order because the trial court found Garcia violated probation based on conduct (grand theft of a vehicle) that predated the imposition of his probationary sentence, and alternatively based on conduct (continued possession 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 following a criminal conviction; the trial court subsequently filed a violation of probation affidavit alleging Garcia violated probation.
- Garcia allegedly committed grand theft of a vehicle on July 29 (before his probation order was entered) and continued to possess the stolen vehicle on November 27 (after probation began).
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Why it matters
This opinion reinforces two frequently recurring VOP defenses: the timing rule barring revocation for pre-probation conduct, and the due-process requirement that revocation be based strictly on the dates and conduct… — full analysis with a trial
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