Smith v. State
After the State expressly declined to pursue a second alleged VOP in exchange for the defendant's admission to the first, and the trial court stated it would not consider it, the court at sentencing mistakenly believed both violations had been admitted, revoked probation, and imposed 20 years. The Sixth DCA held this was fundamental error despite no objection, rejected the State's harmless-error argument, and remanded for a new revocation/sentencing hearing based only on the admitted violation.
Key facts
- Defendant admitted to one violation of probation after the State expressly declined to pursue a second alleged violation in exchange for the admission.
- At sentencing, the trial court mistakenly believed both violations had been admitted and revoked probation based on both, imposing a 20-year sentence.
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Why it matters
The opinion is useful for framing the harmless-error burden in VOP appeals: the State cannot defeat relief simply by arguing the admitted violation would have supported the same sentence. Defense counsel handling… — full analysis with a trial
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