DocketNumber: No. 82-1011
Judges: Anstead, Dell, Hurley
Filed Date: 8/3/1983
Status: Precedential
Modified Date: 10/18/2024
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).