Opinion
No. 82-1011.
August 3, 1983.
Appeal from the Circuit Court, Okeechobee County, G. Kendall Sharp, J.
Richard L. Jorandby, Public Defender, Lee Kretschmer and Tatjana Ostapoff, Asst. Public Defenders, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Grace M. Gonzalez, Asst. Atty. Gen., West Palm Beach, for appellee.
We reverse the order of revocation of probation and remand this cause for a new revocation proceeding. We believe it was improper, in the absence of consent by the defendant, to conduct a revocation hearing immediately after a trial on the charges that constitute the basis for the revocation petition and before an adjudication on those charges, and to rely at such a hearing solely on the evidence received in the criminal trial as evidence of the violation of probation. Cf. State v. Spratling, 336 So.2d 361 (Fla. 1976).
ANSTEAD, C.J., and HURLEY and DELL, JJ., concur.