RESVERD FORD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed probation revocation and burglary convictions, holding that probation conditions cannot be modified based solely on a written agreement between probationer and probation officer without compliance with statutory procedures under § 948.06, Fla.Stat.
Section 948.06, Fla.Stat., provides the exclusive statutory procedure for modifying probation or community control conditions, and modification cannot occur based solely on a written agreement without a hearing and the probationer's appearance before the court with counsel.
[1] Section 948.06, Fla.Stat., provides the exclusive statutory procedure for modifying probation or community control conditions, and such modification cannot be accomplishe…
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Join FLexlaw to unlock all legal intelligenceResverd Ford was on community control when his probation officer and he entered into a written agreement modifying and enhancing the conditions of his…
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THOMPSON, Judge.
Resverd Ford appeals a revocation of his probation, which followed a modified term of community control; the adjudication of guilt on two counts of burglary, and the sentence imposed thereon. He contends the trial court erred in modifying and enhancing the conditions of his original community control based solely on a written agreement between him and his probation officer in lieu of complying with § 948.06, Fla.Stat. We agree and reverse. The facts and issues in this case are the same or very similar to the facts and issues in the case of Holcombe v. State, 553 So. 2d 1337 (Fla. 1st DCA 1989), which was decided this same date, except Ford did not admit he violated his community control. For the reasons stated in Holcombe, the modified order of community control, the order revoking probation, the adjudication of guilt, and the sentence imposed are vacated and the cause is remanded for further proceedings consistent with this opinion.
For the reasons stated in Holcombe we certify as a question of great public importance the following:
DOES § 948.06, FLA.STAT., PROVIDE THE SOLE MEANS BY WHICH A PRO'BATIONARY OR COMMUNITY CONTROL TERM MAY BE MODIFIED? IF NOT, MAY THE COURT ENTER AN ORDER MODIFYING PROBATION OR COMMUNITY CONTROL BY IMPOSING ADDITIONAL TERMS OR CONDITIONS BASED SOLELY ON A WRITTEN AGREEMENT AND WAIVER BY THE PROBATIONER MADE OUT OF COURT, WITHOUT HEARING, APPEARANCE OF THE PROBATIONER BEFORE THE COURT, AND PRESENCE OF COUNSEL?
SMITH and MINER, JJ., concur.
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Citator
Cited By
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Clark v. State, 579 So. 2d 109 (Fla. 1991)…GRIMES, Justice. We review Clark v. State, 559 So. 2d 1272 (Fla. 2d DCA 1990), for conflict with Holcombe v. State, 553 So. 2d 1337 (Fla. 1st DCA 1989), and Ford v. State, 553 So. 2d 1340 (Fla. 1st DCA 1989). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Clark pled nolo contendere to attempted arson and was placed on two years’ community control with adjudication withheld. Two days later Clark signed a “Waiver of Rights and M…1 / 2
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Rock v. State, 584 So. 2d 1110 (Fla. 1st DCA 1991)…llant’s probation. This was error, and Clark v. State, 579 So. 2d 109 (Fla.1991), mandates that the modification order and the revocation order based thereon be vacated. See also Holcombe v. State, 553 So. 2d 1337 (Fla. 1st DCA 1989); Ford v. State, 553 So. 2d 1340 (Fla. 1st DCA 1989). In regard to the violation based upon appellant’s subsequent arrest, the only evidence presented at the revocation hearing was the testimony of appellant and his probation officer. The probation officer merely testified that sh…
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Holcombe v. State, 553 So. 2d 1337 (Fla. 1st DCA 1989)…nd hearing. The order of modified probation, the order of revocation of probation and the sentence are vacated and this case is remanded for further proceedings consistent with this opinion. We have before us at least one other case, Ford v. State, 553 So. 2d 1340 (Fla. 1st DCA 1989), involving the same issue, indicating that some probation officers are making a practice of using the same or similar written agreements to modify probation or community control and to waive notice of hearing. In order to conserv…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Holcombe v. State, 553 So. 2d 1337 (Fla. 1st DCA 1989)