MARIO GONZALEZ

v.

STATE OF FLORIDA

Citator

Cited By (70 total)

• Gideon Bernhardt v. State, 288 So. 2d 490 (Fla. 1974)
  …abilitated while at liberty under supervision. Statutory provisions which set out the procedures for extending probation privileges to those found guilty of violations of criminal laws are not mandatory on trial judges. Brill v. State, 159 Fla. 682, 32 So. 2d 607 (1947); State [*495] ex rel. Roberts v. Cochran, 140 So. 2d 597 (Fla.1962); Martin v. State, 243 So. 2d 189 (Fla.App.1971). The underlying concept of probation is rehabilitation rather than punishment and presupposes the fact that probationer is not…
• Lawson v. State, 969 So. 2d 222 (Fla. 2007)
  …ugh the power of the trial court in the area of probation revocation is broad and extensive, it “is not unbridled and should not be arbitrarily exercised.” Id. This Court has repeatedly held, as early as 1947 in Brill v. State, 159 [*230] Fla. 682, 32 So. 2d 607 (1947), and later in accordance with the United States Supreme Court’s decisions in Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972), and Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973), that the power…
• State ex rel. Lewis Roberts v. Cochran, 140 So. 2d 597 (Fla. 1962)
  …r of the act allegedly violative of the probation order. Moreover, unless specifically required in the probation order, formal conviction of a crime is not essential to enable the judge to revoke the order of probation. Brill v. State, 159 Fla. 682, 32 So. 2d 607; Ex parte Anderson, 191 Or. 409, 229 P. 2d 633, 230 P. 2d 770, 29 A.L.R.2d 1051; 15 Am.Jur., Criminal Law, Section 500, page 151. Statutory provisions for extending probation privileges to those who have been found guilty of violations of the crimi…