SEYED ASHRAFI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Defendant appeals the revocation of his community control and sentence of three and a half years in prison for failure to re-enroll in a psychological therapy program for sex offenders. Defendant’s community control officer instructed him to re-enroll in a program after he was dropped for absenteeism. Our review of the record, particularly the order of community control, shows that enrollment in such a program was not made an express condition of the community control by the trial court.
Accordingly, this matter is reversed on the authority of Morales v. State, 518 So. 2d 964 (Fla. 3d DCA 1988), Hutchinson v. State, 428 So. 2d 739 (Fla. 2d DCA 1983) and Holterhaus v. State, 417 So. 2d 291 (Fla. 2d DCA 1982). We remand this matter to the trial court with instructions to restore defendant to his original term of community control.
REVERSED and REMANDED.
DELL and GUNTHER, JJ., concur. STONE, J., dissents without opinion.
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Kiess v. State, 642 So. 2d 1141 (Fla. 4th DCA 1994)…in violation of the instructions of his probation officer. Violation of a condition which is imposed by a probation officer, rather than an express condition of the trial court, cannot serve as a basis for revocation of probation. Ashrafi v. State, 534 So. 2d 886 (Fla. 4th DCA 1988); Morales v. State, 518 So. 2d 964 (Fla. 3d DCA 1988). Although the trial court could not find a violation of probation based solely on either contact with his stepchildren or the hearsay account of the physical contact incident…
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Waldon v. State, 670 So. 2d 1155 (Fla. 4th DCA 1996)…ondition or requirement imposed unilaterally by the probation officer but not by the sentencing order. See, [*1158] e.g., Kiess v. State, 642 So. 2d 1141 (Fla. 4th DCA 1994); Voudry v. State, 641 So. 2d 466 (Fla. 4th DCA 1994); and Ashrafi v. State, 534 So. 2d 886 (Fla. 4th DCA 1988); see also Morales v. State, 518 So. 2d 964 (Fla. 3d DCA 1988); Hutchinson v. State, 428 So. 2d 739 (Fla. 2d DCA 1983) and Holterhaus v. State, 417 So. 2d 291 (Fla. 2d DCA 1982). Although her original sentencing order in 1989 req…
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Mathis v. State, 683 So. 2d 634 (Fla. 4th DCA 1996)…on for not working. Violation of a condition imposed by a probation officer, rather than an express condition of probation, cannot serve as a basis for a revocation of probation. Kiess v. State, 642 So. 2d 1141 (Fla. 4th DCA 1994); Ashrafi v. State, 534 So. 2d 886 (Fla. 4th DCA 1988). The state argues that a probation officer has the authority to give routine supervisory instructions in order to implement the conditions of probation. Goley v. State, 584 So. 2d 139 (Fla. 5th DCA 1991); Hutchinson v. State, 42…
Authorities Cited
- Eladio Morales v. State, 518 So. 2d 964 (Fla. 3d DCA 1988)
- Denver Jesse Hutchinson v. State, 428 So. 2d 739 (Fla. 2d DCA 1983)
- Holterhaus v. State, 417 So. 2d 291 (Fla. 2d DCA 1982)