Joyner v. State
Joyner v. State
Opinion of the Court
The defendant challenges the order revoking his probation and his guidelines departure sentence. He raises two issues, both of which have merit.
First, the defendant points out that although the affidavit charging violations of probation listed six violations, only one was established by evidence at the probation revocation hearing; that was the offense of burglary at Beyond Personal Electronics in Tampa. Nevertheless, the order revoking the defendant’s probation recites that the defendant committed all of the probation violations listed in the affidavit. Clearly, the listing of these other violations was an error, and the state concedes that point.
Accordingly, all of the probation violations listed in the order revoking probation must be stricken with the exception of the offense of burglary at Beyond Personal Electronics in Tampa.
Reversed and remanded for correction of the order of revocation in accordance with this opinion and for resentencing.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.