final until disposition of any timely and authorized motion
under Fla. R. App. P. 9.330 or 9.331.
appeal from the Circuit Court for Leon County. Angela C.
Thomas, Public Defender, and Joel Arnold, Assistant Public
Defender, Tallahassee, for Appellant.
Jo Bondi, Attorney General, and Jason W. Rodriguez, Assistant
Attorney General, Tallahassee, for Appellee.
McCloud appeals the trial court's order revoking his
probation based on a new law violation, specifically
McCloud's convictions for two counts of attempted
manslaughter by act. Because the trial court did not err in
revoking probation, we affirm.
October 14, 2008, McCloud was charged in Leon County with
engaging in an organized scheme to defraud. He pleaded no
contest on January 15, 2009, and was sentenced to 210 days in
jail followed by 12 months of community control and 2 years
April 6, 2010, and while still on probation, McCloud was
arrested and charged in Duval County with two counts of
attempted murder, one count of shooting or throwing deadly
missiles into a dwelling or building, and one count of
possession of a firearm by a convicted felon. The Department
of Corrections filed a violation of probation affidavit in
Leon County the next day, alleging McCloud violated condition
five of his probation by failing to live and remain at
liberty without violating any law and condition ten by
failing to make payments to the probation officer as
directed. The affidavit listed as new law violations the same
offenses that formed the basis of the Duval County charges.
went to trial on the Duval County charges. The jury found him
guilty of two counts of attempted second-degree murder and
one count of shooting or throwing deadly missiles. McCloud
appealed the judgment and sentence.
his appeal was pending, the Leon County court held a
violation of probation hearing. The State presented a
certified copy of McCloud's Duval County judgment and
sentence, and the court revoked McCloud's probation. He
was sentenced to 15 years' imprisonment on the original
charge of engaging in an organized scheme to defraud.
October 9, 2014, McCloud's Duval County convictions were
reversed and the case was remanded for a new trial.
McCloud v. State, 150 So.3d 822 (Fla. 1st DCA 2014).
Because the Leon County court revoked probation solely on
grounds of the overturned convictions, we granted McCloud a
belated appeal and reversed the revocation order. McCloud
v. State, 213 So.3d 971 (Fla. 1st DCA 2016). We remanded
for the Leon County court to hold a new violation of
the violation of probation hearing, McCloud was retried in
the Duval County case. The jury found him guilty of two
counts of "attempted manslaughter by act, a
lesser[-]included offense." At the remanded violation
hearing, the State proceeded only on the claim that McCloud
committed a new law violation and presented a certified copy
of McCloud's Duval County judgment and sentence for
attempted manslaughter by act. The court determined the
certified conviction constituted evidence of a willful
violation, revoked McCloud's probation, and sentenced him
to 15 years' imprisonment.
appeals the revocation order arguing that the trial court
erred by revoking probation on the basis of violations not
alleged in the probation affidavit. Citing our recent
decision in Bonner v. State, 138 So.3d 1101 (Fla.
1st DCA 2014), McCloud argues that because the offense of
attempted manslaughter by act was not one of the new law
violations listed in the violation ...