MICHAEL KIRK, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The order revoking the appellant’s probation is affirmed upon a holding that (a) the evidence adduced below at the probation revocation hearing was sufficient to satisfy the conscience of the court that the appellant had violated his probation by committing an attempted burglary, see e. g., Brill v. State, 159 Fla. 682, 82 So. 2d 607 (1947); Randolph v. State, 292 So. 2d 374 (Fla. 3d DCA), cert. denied, 300 So. 2d 901 (Fla.1974); and (b) the record presented upon appeal does not reflect error in the trial court’s failure to sentence the appellant under the Youth Offender Act — although the affirmance here is without prejudice to the appellant to seek post-conviction relief in the trial court under Fla.R. Crim.P. 3.850 on this issue. See e. g., Cannon v. State, 384 So. 2d 970 (Fla. 3d DCA 1980).
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Weaver v. State, 543 So. 2d 443 (Fla. 3d DCA 1989)…was guilty of a probation violation. See Clark v. State, 402 So. 2d 43 (Fla. 4th DCA 1981) (in probation violation hearing, proof must be sufficient to satisfy conscience of court that substantial violation of probation has occurred); Kirk v. State, 400 So. 2d 540 (Fla. 3d DCA 1981) (same). Reversed and remanded.…
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Valdes v. State, 469 So. 2d 868 (Fla. 3d DCA 1985)…0 So. 2d 916 (Fla.1982); State v. Overton, 464 So. 2d 607 (Fla. 3d DCA 1985); Brady v. State, 457 So. 2d 544 (Fla. 2d DCA 1984); Atkinson v. State, 456 So. 2d 568 (Fla. 5th DCA 1984); Green v. State, 455 So. 2d 586 (Fla. 2d DCA 1984); Kirk v. State, 400 So. 2d 540 (Fla. 3d DCA 1981). In the sentence, the trial court included therein the statement: “The defendant having elected to be sentenced pursuant to RCrP 3.701 Sentencing Guidelines, shall not be eligible for parole or gaine (sic) time.” The trial cour…
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Recio v. State, 605 So. 2d 553 (Fla. 3d DCA 1992)…Borges v. State, 249 So. 2d 513 (Fla. 3d DCA 1971). Finding that the evidence presented at the revocation hearing sufficiently showed that defendant [*555] “willfully and substantially” violated the terms of his probation, we affirm. Kirk v. State, 400 So. 2d 540 (Fla. 3d DCA 1981). Affirmed. JORGENSON and COPE, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Brill v. State, 159 Fla. 682 (Fla. 1947)
- Randolph v. State, 292 So. 2d 374 (Fla. 3d DCA 1974)
- The Heritage Corp. OF S. Fla. v. Rivas, 300 So. 2d 901 (Fla. 1974)
- Kelley v. State, 300 So. 2d 901 (Fla. 1974)
- Vassallo v. Fla. Power & Light Co., 384 So. 2d 970 (Fla. 3d DCA 1980)