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eBook details

• Title: David Joseph Hines v. State Florida
• Author : Supreme Court of Florida
• Release Date : January 20, 1978
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

The issue we must resolve is whether an affidavit charging a violation of probation is sufficient upon which to base a permanent revocation of probation if it merely alleges that the probationer has been arrested for a felony. This case is before us for review upon a conflict between the decision below, reported at 346 So.2d 1235 (Fla. 2nd DCA 1977), and the decisions to the contrary on the same issue in Frederick v. State, 339 So.2d 251 (Fla. 4th DCA 1976); Singletary v. State, 290 So.2d 116 (Fla. 4th DCA 1974); and Crum v. State, 286 So.2d 268 (Fla. 4th DCA 1973). We determine that such an allegation is a sufficient basis for the revocation of probation if the probationer is given adequate written notice of the felony upon which the revocation is to be based, consistent with the requirements of minimal due process.

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