DAVIS v. STATE

No. 4D03-3578.

891 So.2d 1186 (2005)

Anthony DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 2, 2005.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and John M. Conway, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for appellee.


STONE, J.

We reverse an order revoking Davis' probation for felony battery and remand for further proceedings. The trial court erred by finding Davis guilty of violating his probation where three of five charges are founded on an amended affidavit that was not filed.

The filed probation violation affidavit and warrant charge two substantive violations, trespass after warning and resisting arrest without violence. At the beginning of the VOP hearing, the probation...

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