ANZAGEN BLACK
v.
THE STATE OF FLORIDA

Fla. 3d DCA | 2023-08-09
No. 22-0571
Florida District Court of Appeal, Third District (2023)

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Holding

A probationer's willful violation of probation can be established through evidence of breach even when the probationer raises defenses related to mental condition or intellectual limitations.


Headnotes

[1] A trial court's finding of willful probation violation may be sustained by competent and substantial evidence notwithstanding a defendant's claims of mental illness or li…

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Facts & Procedural History

Anzagen Black appealed a trial court's finding that he willfully violated probation terms. The record established probation violations including monit…

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Opinion of the Court

PER CURIAM.

Affirmed. See Soliz v. State, 18 So. 3d 1094, 1097 (Fla. 2d DCA 2009) (concluding probationer willfully violated probation terms when evidence submitted established probationer “had twenty-one ‘bracelet gone notifications’ and ten insufficient battery alarms”); Palma v. State, 830 So. 2d 201, 203 (Fla. 5th DCA 2002) (affirming trial court’s finding that defendant willfully violated probation where, despite her allegations of mental illness, defendant had history of violating her probation); see also Harris v. State, 898 So. 2d 1126, 1127 (Fla. 3d DCA 2005) (determining competent, substantial evidence supported trial court’s finding of willful probation violation notwithstanding defendant’s limited intellectual capabilities).


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