Salus Populi Suprema Lex Esto
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DAVION SANDERS vs STATE OF FLORIDA
Case Number: 18-1133
Judge: PER CURIAM
Court: DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Plaintiff's Attorney: Ashley Moody, Attorney General, Tallahassee, and Deborah A. Chance, Assistant Attorney General
Defendant's Attorney: James S. Purdy, Public Defender, and Sean Kevin Gravel, Assistant Public Defender
Davion Sanders appeals the judgment and sentence entered against him after the
trial court found that he violated several conditions of his probation. We affirm in all
respects, except for the finding that Sanders violated condition six of his probation. As to
condition six, which prohibited Sanders from associating with a person known to engage
in criminal activity, the State concedes, and we agree, that evidence of a positive drug
test did not support a finding that Sanders violated this condition. See Cromartie v. State,
241 So. 3d 970, 971 (Fla. 1st DCA 2018). Such error is fundamental. See Odom v. State,
15 So. 3d 672, 678 (Fla. 1st DCA 2009). Nevertheless, we find that it is clear from the
record that the trial court would have made the same decision to revoke Sanders'
probation and sentence him accordingly1 had it properly found that there was no evidence
Sanders associated with a person engaged in criminal activity. Id. (citing Reed v. State,
127 So. 3d 817, 819–20 (Fla. 2d DCA 2013)).
Outcome: Accordingly, we affirm Sanders' judgment and sentence but remand with directions