VALDES V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2004 JUAN JOSE VALDES, Appellant, ** THE STATE OF FLORIDA, Appellee. CASE NO. 3D02-3050 ** vs. ** LOWER TRIBUNAL NO. 95-24031 ** ** Opinion filed March 17, 2004. An Appeal from the Circuit Court for Miami-Dade County, Victoria Sigler, Judge. Bennett H. Brummer, Public Defender, and Robert Godfrey, Assistant Public Defender, for appellant. Charles J. Crist, Jr., Attorney General, and Fredericka Sands, Assistant Attorney General, for appellee. Before LEVY and RAMIREZ, JJ., and HARRIS, CHARLES M., Senior Judge. PER CURIAM. The issue in this case is whether a comment made by the judge at the time of defendant s conviction for violation of probation indicates that the judge incorrectly believed that defendant had the burden to prove that he did not violate probation or merely expressed the notion that defendant had a burden to comply with the terms of his probation. In its brief, the State concedes that without clarification the record warrants a reversal. Because of the ambiguity in the record, we reverse for a new violation hearing. REVERSED AND REMANDED for a hearing. -2- new violation of probation

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