Jackson v. State
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
July Term 2006
DANNY EARL JACKSON,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 4D04-4711
[ August 9, 2006 ]
ON MOTION FOR CLARIFICATION
TAYLOR, J.
The state has moved for clarification as to the effect of our reversal of
appellant’s conviction for possession of cocaine upon the order finding a
violation of probation. Appellant’s probation was revoked upon the trial
court’s finding that appellant violated Condition 5 of his probation: to
remain at liberty without violating the law. Pursuant to stipulation, the
trial court used the evidence presented during the jury trial as the basis
for the violation of probation.
In reversing appellant’s conviction for possession of cocaine, we
concluded that the trial court erred in permitting the prosecutor to shift
the burden of proof to the defense during cross-examination of appellant
and during closing argument. Because the record does not indicate
whether the trial court was influenced by these trial tactics in finding
that appellant violated his probation, we clarify that our reversal for a
new trial on the possession of cocaine charge includes directions to the
trial court, on remand, to reconsider appellant’s probation revocation
consistent with our opinion. In determining whether appellant violated
his probation, the trial court may reconsider the same testimony and
argument presented at trial, excluding those portions we found improper.
Alternatively, the court may, in its discretion, defer consideration of the
probation violation charge until after re-trial of the substantive charge of
possession of cocaine.
STEVENSON, C.J. and GUNTHER, JJ., concur.
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Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St.
Lucie County; Marc A. Cianca, Judge; L.T. Case Nos. 562004CF002061A
and 561991CF002389A.
Carey Haughwout, Public Defender, and Jeffrey N. Golant, Assistant
Public Defender, West Palm Beach, for appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Don M.
Rogers, Assistant Attorney General, West Palm Beach, for appellee.
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