Summary
In Widmer v. State, 697 So.2d 545 (Fla. 1st DCA 1997), this Court reversed, due to the circuit court's failure to provide a written statement as to the evidence relied upon and the reasons for revoking probation.
Summary of this case from Widmer v. StateOpinion
Case No. 96-1117
Opinion filed July 2, 1997. Rehearing Denied August 8, 1997.
An appeal from Circuit Court for Alachua County. Elzie S. Sanders, Judge.
Nancy A. Daniels, Public Defender, and Alisa Smith, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General, and Amelia L. Beisner, Assistant Attorney General, Tallahassee, for Appellee.
Although the trial court found that the appellant had violated his probation, neither the revocation order nor the written transcript of the hearing delineates the specific evidence relied on or the particular violation or violations. Black v. Romano, 471 U.S. 606, 105 S.Ct. 2254, 85 L.Ed.2d 636 (1985), indicates that a probationer is entitled to a written statement as to these matters. See also Burton v. State, 651 So.2d 793 (Fla. 1st DCA 1995). The challenged revocation order is therefore reversed, and the case is remanded.
MINER and LAWRENCE, JJ., CONCUR.