JACKIE VERNON CHAPPELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed revocation of probation where defendant failed to file required monthly reports and disobeyed probation supervisor's instructions, holding that such violations constitute substantial grounds for revocation.
Failure to file required monthly probation reports and failure to comply with probation supervisor instructions constitute substantial violations supporting probation revocation.
[1] Failure to file monthly probation reports as required by probation order constitutes a substantial violation supporting revocation of probation.
[2] Failure to comply with probation supervisor's instructions regarding submission of employment application list constitutes a violation of probation conditions.
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Join FLexlaw to unlock all legal intelligence“Probation is a matter of legislative and judicial grace, and the burdens of compliance are slight compared to the alternative of imprisonment.”
Court explaining the nature of probation and why compliance requirements are reasonable.
Appellant was on probation and failed to file two consecutive monthly reports as required by the probation order and failed to comply with his probati…
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ORFINGER, Chief Judge.
The trial court revoked appellant’s probation on the evidence submitted that appellant had failed to file two consecutive monthly reports as he was required to do by the probation orders. We agree that the failure to file monthly reports as required by the probation order is a substantial violation which will support revocation of probation. Aaron v. State, 400 So. 2d 1033 (Fla. 3d DCA 1981); Jess v. State, 384 So. 2d 328 (Fla. 3d DCA 1980); Page v. State, 363 So. 2d 621 (Fla. 1st DCA 1978). The trial court found that this violation was a sufficient independent ground for revocation of probation and was correct in so holding.
Additionally, the evidence supported the conclusion that appellant had failed to comply with a court-imposed condition that he comply with instructions given him by his probation supervisor, when he failed to comply with the supervisor’s instruction to submit a list of employers to whom appellant had applied for work. Probation is a matter of legislative and judicial grace, and the burdens of compliance are slight compared to the alternative of imprisonment. Watkins v. State, 368 So. 2d 363 (Fla. 2d DCA 1979). The trial court found that appellant had violated his probation and we cannot hold him in error for doing so.
AFFIRMED.
SHARP and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Edwards v. State, 439 So. 2d 1028 (Fla. 3d DCA 1983)…e, 408 So. 2d 583, 584 (Fla. 3d DCA 1981), approved, 434 So. 2d 321 (Fla. 1983). It is also clear that the defendant failed to file any written report for two months. This is a substantial violation of the conditions of probation. Chappell v. State, 429 So. 2d 84 (Fla. 5th DCA 1983); Roth v. State, 406 So. 2d 121 (Fla. 2d DCA [*1029] 1981); Aaron v. State, 400 So. 2d 1033, 1036 (Fla. 3d DCA) (Nesbitt, J. dissenting), pet. for review denied, 408 So. 2d 1095 (Fla. 1981). Appellant does not dispute that he fa…
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Miller v. State, 444 So. 2d 523 (Fla. 1st DCA 1984)…violation which we have found is supported by the evidence, we recognize that the trial court would have been justified in revoking the appellant’s probation on that ground alone. Page v. State, 363 So. 2d 621 (Fla. 1st DCA 1978); Chappell v. State, 429 So. 2d 84 (Fla. 5th DCA 1983); Aaron v. State, 400 So. 2d 1033 (Fla. 3rd DCA 1981). However, we, of course, do not know whether the trial court would have revoked the appellant’s probation based solely upon the failure to file the two monthly reports, particu…
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Sutton v. State, 430 So. 2d 576 (Fla. 5th DCA 1983)…PER CURIAM. AFFIRMED. See: Chappell v. State, 429 So. 2d 84 (Fla. 5th DCA 1983). DAUKSCH, COBB and COWART, JJ., concur.…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Page v. State, 363 So. 2d 621 (Fla. 1st DCA 1978)
- Bennie Jess, Jr. v. State, 384 So. 2d 328 (Fla. 3d DCA 1980)
- Aaron v. State, 400 So. 2d 1033 (Fla. 3d DCA 1981)
- Watkins v. State, 368 So. 2d 363 (Fla. 2d DCA 1979)