Payet v. State
In an Anders appeal from revocation of community control, the Fifth DCA affirmed the judgments and sentences but remanded to strike a violation finding that was based solely on the defendant's arrest for introducing contraband into jail, citing Hines v. State's rule against revoking probation based solely on an arrest. The court also held that the defendant's motions to withdraw plea, filed after he had already filed his notice of appeal, were nullities because the notice of appeal divested the trial court of jurisdiction to rule on them.
Key facts
- Defendant appealed from trial court's revocation of community control and imposition of sentence, with appellate counsel filing an Anders brief indicating no meritorious issues existed.
- Trial court found defendant violated community control by introducing contraband into jail (based on arrest) and by other conduct, and imposed sentence; defendant subsequently filed motions to withdraw his plea after notice of appeal was already filed.
- +2 more key facts with a free trial
Why it matters
Although framed as an Anders appeal, the opinion reiterates two frequently recurring procedural rules useful to practitioners: that a probation/community-control violation cannot rest solely on an arrest, and that a… — full analysis with a trial
Read the full opinion, holdings & search — free for 30 days
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision — in your hands.
- Search every tracked Florida decision in seconds
- Save, tag & file the cases that matter into your own library
- Read the full plain-English analysis and holdings
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.