OLDEN RICHARD BROWN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1981-06-30
Nos. 79-1612, 79-1526
Before HENDRY, DANIEL S. PEARSON and FERGUSON, JJ.
400 So. 2d 812 Florida District Court of Appeal, Third District (1981) Positive Treatment
Cited by 2 cases

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Holding

The court held that the appellant's contentions did not demonstrate reversible error.


Facts & Procedural History

Appellant pleaded guilty to sexual battery and attempted sexual battery, was placed on probation with a condition to complete a sex offender program. …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

These consolidated appeals have been brought by appellant who was charged by indictment with sexual battery and attempted sexual battery. He pleaded guilty to both counts and was placed on probation for a term of seven years on each charge to run concurrently. A condition of the probation was that he enter and satisfactorily complete the mentally disordered sex offender program.

After appellant had spent approximately one year in the program the agency reported, to the trial court that it had exhausted treatment under the program and that appellant had violated the terms of his probation. Upon due and proper hearings the court revoked his probation and sentenced him to thirty years in the state penitentiary under each of the two counts. Appellant seeks to vacate the order of probation and the sentence imposed following the revocation of probation based on the ground that they were unlawfully entered.

We have carefully reviewed the record and briefs in the light of appellant’s contentions and have concluded that reversible error has not been made to appear. Williamson v. State, 379 So. 2d 370 (Fla. 1st DCA 1979), cert. denied, 388 So. 2d 1120 (Fla.1980); King v. State, 373 So. 2d 78 (Fla. 3d DCA 1979), cert. denied, 383 So. 2d 1197 (Fla.1980); Smith v. State, 345 So. 2d 1080 (Fla. 3d DCA), cert. denied, 353 So. 2d 678 (Fla.1977); Brown v. State, 305 So. 2d 309 (Fla. 4th DCA 1974).

Affirmed.


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Citator

Cited By

  • Itapura Cardoso v. State, 421 So. 2d 589 (Fla. 3d DCA 1982)
    …t’s probation. The record in the instant case supports such a finding of willful failure on the part of the defendant to complete such a program which was a special condition of probation. Hines v. State, 358 So. 2d 183 (Fla.1978); Brown v. State, 400 So. 2d 812 (Fla. 3d DCA 1981); Ordonez v. State, 408 So. 2d 760 (Fla. 4th DCA 1982); Postell v. State, 383 So. 2d 1159 (Fla. 3d DCA 1980); Owens v. State, 354 So. 2d 118 (Fla. 3d DCA 1978). The appellant relied heavily on Donneil v. State 377 So. 2d 805 (Fla…

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