Samuels v. State
The Fourth DCA reviewed a probation revocation and sentence following a VOP hearing, finding fundamental error where the circuit court considered a withdrawn allegation, but affirming the sufficiency of evidence on another allegation. The court also held the circuit court erred by failing to enter a written revocation order and by failing to make required written (or oral) findings on dangerousness for a violent felony offender of special concern under section 948.06(8)(e).
Key facts
- Samuels was on probation and faced a violation of probation (VOP) hearing in circuit court where the State alleged multiple violations of his probation conditions.
- The State withdrew one allegation at the VOP hearing, but the circuit court found a probation violation based on that withdrawn allegation; the court also found a violation of the residence-change condition based on other evidence.
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Why it matters
This opinion reinforces two recurring VOP practice points: that a withdrawn allegation cannot support a revocation finding (fundamental error even without objection), and that failure to make dangerousness findings for… — full analysis with a trial
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