Roper v. State

District Court of Appeal of Florida

Decided December 8, 1976

District Court of Appeal of Florida · decided 1976-12-08

Relies on Simmons v. State · 267 So. 2d 836 - Yancey v. State · Fernandez v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1976-12-08

How this case has been cited

Cited by 9 later decisions — most recently July 2006

9 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1By this appeal, the appellant seeks review of an order revoking probation. The parties and the trial court have diligently attempted to reconstruct the record in the trial court, which would be necessary for a determination of this appeal. By appropriate affidavits, they have demonstrated that this cannot be done.

¶2Therefore, the order of revocation here under review be and the same is hereby set aside and vacated. See: Simmons v. State, 200 So.2d 619 (Fla. 1st D.C.A.1967); Yancey v. State, 267 So.2d 836 (Fla.4th D.C.A.1972); Fernandez v. State, 292 So.2d 410 (Fla.3rd D.C.A.1974); Dismukes v. State, 299 So.2d 133 (Fla.3rd D.C.A.1974).

¶3Reversed and remanded for a new hearing on the affidavit of violation of probation.