Walker v. State

Full title: PAUL WALKER, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, First District

Date published: May 17, 2000

765 So. 2d 99 (Fla. Dist. Ct. App. 2000)

Opinion

No. 1D99-1306

Opinion filed May 17, 2000

An appeal from the Circuit Court for Gulf County, Glenn L. Hess, Judge.

Nancy A. Daniels, Public Defender, and Glen P. Gifford, Assistant Public Defender, Tallahassee, Attorneys for Appellant.

Robert A. Butterworth, Attorney General, and Veronica S. McCrackin, Assistant Attorney General, Tallahassee, Attorneys for Appellee.

PER CURIAM.

Appellant appeals an order revoking his probation. We reverse, because the trial court's order expressly states it is based on charges contained in an amended affidavit filed after Appellant's probationary period ended.

In this case, the amended affidavit raised a charge that appellant violated a condition of probation not raised in the original timely filed affidavit. Based on the record, we are unable to determine whether the trial court would have revoked Appellant's probation based solely on the allegations contained in the original affidavit. Therefore, we reverse the order revoking probation, and remand to the trial court for further proceedings. Dulaney v. State, 735 So.2d 505 (Fla. 1st DCA 1999); Richardson v. State, 694 So.2d 147 (Fla. 1st DCA 1997).

REVERSED and REMANDED.

ERVIN, BOOTH and BENTON, JJ., CONCUR.