TIMOTHY LAWRENCE v. State

CourtDistrict Court of Appeal of Florida
DecidedJanuary 20, 2021
Docket19-0762
StatusPublished

This text of TIMOTHY LAWRENCE v. State (TIMOTHY LAWRENCE v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
TIMOTHY LAWRENCE v. State, (Fla. Ct. App. 2021).

Opinion

Third District Court of Appeal State of Florida

Opinion filed January 20, 2021.

______________

No. 3D19-762 Lower Tribunal No. 15-23633 ________________

Timothy Lawrence, Appellant,

vs.

The State of Florida, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Milton Hirsch, Judge.

Carlos J. Martinez, Public Defender, and Stephen J. Weinbaum, Assistant Public Defender, for appellant.

Ashley Moody, Attorney General, and Ivy R. Ginsberg, Assistant Attorney General, for appellee.

Before LOGUE, LINDSEY, and LOBREE, JJ.

PER CURIAM. ON CONFESSION OF ERROR

Timothy Lawrence appeals an order revoking his probation. The

revocation order neither indicates that Mr. Lawrence admitted to committing

the violations nor that it is based on evidence adduced at a revocation

hearing. See McCloud v. State, 653 So. 2d 453, 454–56 (Fla. 3d DCA

1995) (holding that trial court is required to provide written statement of

reasons for revocation, and evidence relied upon in making that finding).

The State concedes there is nothing in the record to show either that

a revocation hearing took place or that Mr. Lawrence admitted to the

probation violations. Based on our review of the record, and the State’s

proper confession of error, we vacate the revocation order and remand to

the trial court for further proceedings.

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

McCloud v. State
653 So. 2d 453 (District Court of Appeal of Florida, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
TIMOTHY LAWRENCE v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/timothy-lawrence-v-state-fladistctapp-2021.