NEWTON v. STATE

No. 2D07-4452.

996 So.2d 960 (2008)

Clyde NEWTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 19, 2008.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Elba Caridad Martin, Assistant Attorney General, Tampa, for Appellee.


NORTHCUTT, Chief Judge.

Clyde Newton served a term of imprisonment and then began a term of sexual offender probation. However, the circuit court revoked his probation based on a ground set forth in an amended affidavit of violation. The State presented no evidence that either Newton or his counsel received the amended affidavit. Newton claims the court erred in this regard and we agree. We also hold that, in any event, the evidence was insufficient to prove that...

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