Sellie RICHARDSON, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, First District.
Nancy A. Daniels, Public Defender; Angela Shelley, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General; J. Ray Poole, Assistant Attorney General, Tallahassee, for Appellee.
PADOVANO, Judge.
Sellie Richardson, the defendant, appeals an order revoking his probation. We must reverse the order because the oral pronouncement of the trial court indicates that the defendant's probation was revoked in part for failure to make monthly reports, an offense not charged in the affidavit.
The revocation of a defendant's probation based on a violation not alleged in the charging document is a deprivation of the right to due process of law. See Wyns v. State,
We are unable to determine whether the trial court would have revoked the defendant's probation and imposed the same sentence on the basis of other violations that were alleged and proven at the hearing. Therefore, we must remand this case to the trial court for further proceedings. Mordica v. State,
Reversed and remanded.
MINER and LAWRENCE, JJ., concur.
