JONISHA SMITH vs STATE OF FLORIDA

Daytona Beach, FL - Criminal defense attorney represented Jonisha Smith with appealing the order revoking her probation.

Appellant, Jonisha Smith, appeals the order revoking her probation.

We affirm the revocation and hold that there is competent, substantial 2

evidence to support the revocation based on Appellant's violation of

Condition 1 for failing to report and Condition 5 for committing a new law

violation by driving with a suspended license.

However, the revocation order improperly includes a second violation

of Condition 5 for a new petit theft crime and a violation of Condition 2 for

failure to make restitution payments, even though the State abandoned

these violations at the revocation hearing. Therefore, we remand for the trial

court to issue a corrected order. See Henley v. State, 117 So. 3d 1125, 1127

(Fla. 3d DCA 2012) (reversing order finding probation violations for

conditions that the State announced it would be abandoning prior to

commencement of the probation violation hearing). On remand, the trial

court shall determine if it would have revoked Appellant's probation based

only on the violations regarding failure to report and driving with a suspended

license. See Hill v. State, 301 So. 3d 1081, 1082 (Fla. 1st DCA 2020)

(remanding for the trial court to consider "whether it would have revoked the

appellant's probation and imposed the same sentences in the absence of a

violation of condition six").

AFFIRMED and REMANDED with Instructions.