WILLIAM OTIS DRAPER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1981-09-16
No. 79-335
ORFINGER and SHARP, JJ., concur.
403 So. 2d 615 Florida District Court of Appeal, Fifth District (1981) Positive Treatment
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

William Draper appealed the revocation of his probation for violating five conditions. The Florida Fifth District Court of Appeal affirmed the revocation, finding substantial evidence that Draper failed to pay supervision costs as directed, wrote worthless checks in violation of law, and violated his probation officer's direct instruction not to write checks without approval.


Holding

The court affirmed the revocation of probation. The court found substantial competent evidence that Draper had the ability to pay supervision costs but chose other priorities; that he knowingly drew worthless checks, violating both statute and his probation condition not to violate any law; and that he violated the directive to comply with all instructions of his probation officer by writing checks without approval despite explicit instruction not to do so.


Headnotes

[1] A probationer's failure to pay supervision costs can be a violation of probation if the probationer has the financial ability to pay but prioritizes other expenditures.

[2] Drawing a worthless check constitutes a violation of the worthless check statute and a condition of probation prohibiting violation of any law.

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Key Quotes

“Probation is supervision and control with the hope of rehabilitation. While only the court can set conditions of probation, the judge cannot personally supervise; he cannot set forth a complete guide book of directions in an order of probation. Instead, he properly delegates to the probation supervisor the giving of specific instructions necessary for effective and successful supervision.”

Establishes the legal framework for probation supervision and the proper delegation of authority to probation supervisors to issue specific instructions.

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Facts & Procedural History

Draper was on probation and had previously violated it, receiving a second chance on the condition that he attend and successfully complete a probatio…

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Opinion of the Court
COWART, Judge.

COWART, Judge.

This is an appeal from an order revoking probation for violation of five conditions of probation.

We have reviewed the appealed order, the record and briefs and find there is substantial competent evidence to support a finding that the appellant had sufficient ability to pay the cost of supervision as directed in his probation order.1 It was a matter of priorities and appellant chose to use the little money he had for other purposes. There was also sufficient evidence to show that appellant knowingly drew a worthless check thereby violating the worthless check statute2 and the condition of his probation that he not violate any law.

There is a third reason revocation was proper. The probation order directed appellant to comply with all instructions of his probation officer. Appellant had previously pled guilty to a violation of his probation and had been restored to probation on the court imposed condition that he attend and successfully complete a program at a probation and restitution center. While a resident at the center he was specifically instructed to write no checks without the express approval of his probation supervisor. Appellant disregarded this directive and wrote two checks. We uphold the trial court’s finding that this action violated the provision of the probation order directing the probationer to comply with all instructions of his probation officer. Probation is supervision and control with the hope of rehabilitation. While only the court can set conditions of probation, the judge cannot personally supervise; he cannot set forth a complete guide book of directions in an order of probation. Instead, he properly delegates to the probation supervisor the giving of specific instructions necessary for effective and successful supervision. The court retains complete control over determination of the reasonableness and necessity of instructions given and the materiality of alleged violations. § 948.06(1), Fla.Stat. (1979); Watkins v. State, 368 So. 2d 363 (Fla. 2d DCA 1979).3 The instruction violated by appellant was specific, clear, reasonable, and, in the opinion of both the trial judge and the probation supervisor, necessary for effective supervision and control. The violation was substantial, material and willful. Appellant’s first opportunity on probation was unsuccessful and the trial judge gave him one further chance at the probation and restitution center in order to avoid his imprisonment. Close supervision and control at the center was of the essence of the reinstated probation although in this instance it was unsuccessful. The trial court was of the opinion that the probation and restitution center system is a good concept and that it will not work without supervision by probation officers with authority by court order to give meaningful instructions to probationers. We agree.

The trial court expressly did not find appellant to have violated Conditions 9 and 11 of his probation order but, apparently through clerical error, violations of these two conditions were recited in the order of revocation. Although that erroneous recital is harmless it is hereby stricken and the order of revocation of probation, as corrected, and the judgment and sentence are

AFFIRMED.

ORFINGER and SHARP, JJ., concur. . See, e. g., Holt v. State, 385 So. 2d 1133 (Fla. 5th DCA 1980); Coxon v. State, 365 So. 2d 1067 (Fla. 2d DCA 1979); Jones v. State, 360 So. 2d 1158 (Fla. 1st DCA 1978); Robbins v. State, 318 So. 2d 472 (Fla. 4th DCA 1975).

. § 832.05, Fla.Stat. (1979).

. We are aware that the holding in Watkins is not consistent with Chatman v. State, 365 So. 2d 789 (Fla. 4th DCA 1978), Page v. State, 363 So. 2d 621 (Fla. 1st DCA 1978), and Barber v. State, 344 So. 2d 913 (Fla. 3d DCA 1977).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Rowland v. State, 548 So. 2d 812 (Fla. 1st DCA 1989)
    …n of the probation officer. Id. at 292. Appellant’s reliance on Holter-haus is misplaced. While only the court can impose conditions of probation, it may delegate the normal supervision of those conditions to the probation officer. Draper v. State, 403 So. 2d 615, 616 (Fla. 5th DCA 1981). Such delegation is necessary for effective and successful supervision of the probation. Id. We agree with the state that condition 14 expressly requires that appellant undergo the alcohol, drug and psychological evaluation…

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