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230 So. 2d 190

Benitez v. State

District Court of Appeal of Florida

Decided January 14, 1970

District Court of Appeal of Florida · decided 1970-01-14

Cited by 1 later decisions — most recently December 1974

1 state decisions

Relies on Gonzalez v. State · Brill v. State · 186 So. 2d 520 - McNeely v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1970-01-14

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McNULTY, Judge.

¶1This is an appeal from a summary denial of a Rule 1.850, 33 F.S.A., motion in which petitioner alleged that his probation was revoked without notice to him and without opportunity for him to be heard. While revocation of probation proceedings may be conducted on a much more informal basis than a trial, due process requires at least that one whose probation may be revoked be given notice and an opportunity to be heard.1

¶2The record does not refute appellant’s allegations. We therefore reverse and remand for a hearing on the question of the sufficiency of petitioner’s notice and opportunity to be heard when his probation was revoked.

HOBSON, C. J., and LILES, J., concur.

¶3. See, e. g., Brill v. State (1947), 159 Fla. 682, 32 So.2d 607; Hooks v. State (Fla.App.2d 1968), 207 So.2d 459; McNeely v. State (Fla.App.2d 1966), 186 So.2d 520; and Phillips v. State (Fla.App.2d 1964), 165 So.2d 246.

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