STATE v. GUTIERREZ

No. 3D21-989.

333 So.3d 806 (2022)

The STATE of Florida, Appellant, v. Ventura GUTIERREZ, Appellee.

District Court of Appeal of Florida, Third District.

Opinion filed February 16, 2022.


Attorney(s) appearing for the Case

Ashley Moody , Attorney General, and Kseniya Smychkouskaya , Assistant Attorney General, for appellant.

Carlos J. Martinez , Public Defender, and Deborah Prager , Assistant Public Defender, for appellee.

Before EMAS, SCALES and HENDON, JJ.


The State appeals from the trial court's sua sponte order dismissing an affidavit of violation of probation. For the reasons that follow, we reverse and remand for further proceedings.

In 2019, Ventura Gutierrez was charged in two separate cases with a total of four counts: two counts of grand theft, one count of burglary, and one...

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