MCELWAIN v. STATE

No. 1D19-1593.

295 So.3d 1253 (2020)

Jeffery Hudson MCELWAIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 29, 2020.


Attorney(s) appearing for the Case

Andy Thomas , Public Defender, and Lori A. Willner , Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody , Attorney General; Jennifer J. Moore and Jovona I. Parker , Assistant Attorneys General, Tallahassee, for Appellee.


In this Anders appeal, Jeffery Hudson McElwain challenges the trial court's revocation of his probation because the probation order refers to an affidavit of violation of probation that is not in the record. We reverse for the reasons discussed below.

In November 2018, the trial court issued a violation of probation warrant,...

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