Radi v. State
After revoking Appellant's probation for possession of a controlled substance, the trial court denied his rule 3.800(b)(2) motion arguing that section 948.06(2)(f), Florida Statutes, required the court to modify or continue his probation rather than revoke it. The Fifth District held the claim was properly preserved via the 3.800(b)(2) motion and, because the State conceded Appellant met all four statutory conditions under section 948.06(2)(f), the trial court was statutorily required to modify or continue probation. The court reversed and remanded for resentencing.
Key facts
- Appellant's probation was revoked by the trial court following a violation for possession of a controlled substance.
- Appellant filed a rule 3.800(b)(2) motion arguing the trial court was required by section 948.06(2)(f), Florida Statutes, to modify or continue his probation rather than revoke it.
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Why it matters
This opinion gives practitioners a clear preservation vehicle—rule 3.800(b)(2)—for challenging a trial court's failure to apply the mandatory modification/continuation provisions of section 948.06(2)(f) at a VOP… — full analysis with a trial
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