CHANARROW JOHNSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that while one alleged probation violation was based on hearsay, other non-hearsay violations were sufficient to support the revocation.
The defendant was found guilty of violating probation for changing residence without permission, failing to report to his probation officer, and faili…
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PER CURIAM.
The defendant appeals from an order finding him guilty of a probation violation and sentencing him on the original substantive counts of burglary and grand theft for a period of six years in a youthful offender facility but allowing him credit for 513 days of time spent in detention. The claim now is that the determination of probation violation was based totally upon hearsay evidence.
There were three violations of the conditions of probation in the instant controversy. We agree with the defendant that there was only hearsay evidence to support the claim that defendant changed his residence without permission and consequently we strike that as a basis for revocation. We agree with the state, however, that there was non-hearsay evidence of defendant’s willful and substantial failure to report to his probation officer and defendant’s failure to attend G.E.D. classes. Here, the failure of the defendant to have attended G.E.D. classes, standing alone, was sufficient to have imposed revocation of probation. Ordonez v. State, 408 So. 2d 760 (Fla. 4th DCA), review denied, 419 So. 2d 1200 (Fla.1982). Clearly, that coupled with his failure to report to his probation officer constitutes sufficient evidence to satisfy the trial court’s conclusion that the defendant violated his probation. Corona v. State, 642 So. 2d 667 (Fla. 3d DCA 1994).
Consequently, the one violation as to which there was insufficient evidence is stricken. In all other respects, the order is affirmed.
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Salvatierra v. State, 691 So. 2d 32 (Fla. 3d DCA 1997)…e to file monthly probation reports, and his failure to make ordered payments for medical treatment received, all constitute sufficient evidence to satisfy the trial court’s conclusion that the defendant violated his probation. See Johnson v. State, 667 So. 2d 475 (Fla. 3d DCA 1996); Corona v. State, 642 So. 2d 667 (Fla. 3d DCA 1994); Ordonez v. State, 408 So. 2d 760 (Fla. 4th DCA), review denied, 419 So. 2d 1200 (Fla.1982). Consequently, the one violation as to which there was insufficient evidence is stri…
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E.J. v. State, 29 So. 3d 348 (Fla. 3d DCA 2010)…quired if the remaining violation or violations are substantial); Rawlins v. State, 711 So. 2d 137, 137 (Fla. 5th DCA 1998) (finding unexcused absences from a treatment program, standing alone, may constitute a material violation); Johnson v. State, 667 So. 2d 475, 475 (Fla. 3d DCA 1996) (finding that the defendant’s failure to attend G.E.D. classes, standing alone, was sufficient to revoke his probation). In conclusion, because there are other substantial violations remaining, and they are supported by comp…
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Palacios v. State, 706 So. 2d 1382 (Fla. 3d DCA 1998)…PER CURIAM. We affirm the revocation of appellant’s probation and the sentence imposed. See Johnson v. State, 667 So. 2d 475 (Fla. 3d DCA 1996); McCloud v. State, 653 So. 2d 453 (Fla. 3d DCA 1995); Anderson v. State, 624 So. 2d 362 (Fla. 1st DCA 1993); Griffin v. State, 603 So. 2d 48 (Fla. 1st DCA 1992); Harris v. State, 610 So. 2d 36 (Fla. 2d DCA 1992); § 784.045(1)(a),…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Corona v. State, 642 So. 2d 667 (Fla. 3d DCA 1994)
- Ordonez v. State, 408 So. 2d 760 (Fla. 4th DCA 1982)