MARCIA B. HARRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1984-07-26
No. 83-1795
COBB, C.J., and FRANK D. UP-CHURCH, Jr., J., concur.
453 So. 2d 228 Florida District Court of Appeal, Fifth District (1984) Positive Treatment
Cited by 8 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

The court affirmed a trial judge's revocation of probation for failure to pay court-ordered restitution, holding that a trial judge has broad discretion in probation revocation decisions when a probationer has the ability to pay the ordered amount, regardless of the probationer's prioritization of other expenses.


Holding

The court held that probation can be revoked for failure to pay restitution when the probationer possessed adequate money to pay as ordered, even if the probationer prioritized other expenses. The trial judge has broad discretion to decide whether to revoke, modify, or continue probation, and to adjudicate guilt when a violation is found.


Headnotes

[1] A trial court has discretion to revoke probation when a probationer fails to make ordered restitution payments.

[2] Evidence is sufficient to support a finding of probation violation if it satisfies the conscience of the court that the probation was violated.

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Key Quotes

“Whether or not the probationer's use of her money for matters other than payment of restitution was to be considered justified or excusable was up to the discretion of the trial judge.”

Establishes that when a probationer has ability to pay but does not, the judge has discretion to determine whether alternative uses of funds justify the failure to make restitution payments.

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Facts & Procedural History

Harris pleaded guilty to obtaining public assistance by fraud and was placed on probation for four years with an order to pay $1,571 in restitution by…

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Opinion of the Court
COWART, Judge.

COWART, Judge.

This case involves the discretion of a trial judge in revoking probation.

Defendant pled guilty to obtaining public assistance by fraud (§ 409.325(1), Fla. Stat.), and adjudication of guilt was withheld and she was, on October 1, 1979, placed on probation for four years and ordered to pay within that time $1,571 restitution as directed by her probation officer.

On September 29, 1983, two days before the probationary period was due to expire, a probation violation affidavit was filed alleging defendant had failed to pay $971 of the ordered restitution. At the probation violation hearing the restitution delinquency was acknowledged and the defendant testified as to her financial circumstances over the four year probationary period including as to her husband’s failure to pay support for three minor children, as to her usual expenses for food, rent, electricity, telephone, car payments, maintenance and gasoline and as to her various jobs and earnings. As usual there was not enough money for every need. Restitution of $290 was paid from 1979 through 1982 and $310 during 1983 leaving the balance of $971. The trial judge found that the probation had been violated and, after deliberation, revoked probation, adjudicated defendant guilty of the original offense and again placed her on probation for an additional three years ordering payment of the remaining restitution as well as payment of the public defender’s lien and monthly supervision costs.

Defense counsel argues on appeal that probation cannot be revoked for failure to make monetary payments unless there is evidence supporting a factual finding that the probationer had the ability to pay and that the evidence does not support that conclusion in this case. It is also argued that the probation violation must be willful as well as substantial to support a revocation and that where a probationer has made reasonably good faith efforts to comply with probation conditions, a failure is not willful and the probation cannot be found to have been violated. Because the trial judge seemed most concerned that defendant should be given enough additional time to make restitution it is now argued that the trial judge should not have revoked the probation and adjudicated guilt but should have only modified and extended the term of probation.

We cannot agree with defendant’s arguments.

The evidence clearly shows that during the initial four year probationary period the probationer possessed adequate money to pay the sum ordered as restitution and that she did not pay as ordered. Whether or not the probationer's use of her money for matters other than payment of restitution was to be considered justified or excusable was up to the discretion of the trial judge. In such circumstances it is generally held that the evidence is sufficient if it satisfies the conscience of the court that the probation was violated. See Evans v. State, 427 So. 2d 1082 (Fla. 1st DCA 1983).

When probation has been violated it is likewise within the judgment and discretion of the trial judge as to revoking, modifying, or continuing the probation, as to adjudication of guilt, and as to a proper disposition within the lawful alternatives available.

In making a sentencing disposition in a criminal case, within the alternatives provided by law, it is the responsibility of the sentencing judge to do justice. When justice requires that a poor person make restitution of ill-gotten gains, the sentencing judge has a tough job. He needs, and should have, authority and discretion as broad as his responsibility.

AFFIRMED.

COBB, C.J., and FRANK D. UP-CHURCH, Jr., J., concur.


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Cited By

  • Savage v. State, 120 So. 3d 619 (Fla. 2d DCA 2013)
    …); Nadzo v. State, 24 So. 3d 690, 692 (Fla. 2d DCA 2009); Mikell v. State, 903 So. 2d 1054, 1055 (Fla. 2d DCA 2005); State v. Casner, 825 So. 2d 993, 993 (Fla. 2d DCA 2002); Brown v. State, 455 So. 2d 635 (Fla. 5th DCA 1984) (citing Harris v. State, 453 So. 2d 228 (Fla. 5th DCA 1984)). If the trial court revokes probation, it may impose any sentence it might initially have imposed. § 948.06(2)(b, e); Hill v. State, 927 So. 2d 1047, 1047 (Fla. 2d DCA 2006) (citing Mearns v. State, 779 So. 2d 282, 283 (Fla. 2d…
  • Brown v. State, 455 So. 2d 635 (Fla. 5th DCA 1984)
    …er weight of the evidence 1 supports a trial judge’s finding that [*636] a probationer has violated a condition of probation, the decision as to whether or not to revoke the probation is within the discretion of the trial judge. See Harris v. State, 453 So. 2d 228 (Fla. 5th DCA 1984). [*635] (c) The arbitrators or the umpire in the course of his jurisdiction exceeded their powers. [*636] AFFIRMED. FRANK D. UPCHURCH, Jr., SHARP and COWART, JJ., concur. . See Singletary v. State, 290 So. 2d 116 (Fla. 4th D…
  • Davell Kavon Knight v. State, 187 So. 3d 307 (Fla. 5th DCA 2016)
    …olding that when the trial court has found a violation Of probation by the greater weight of the evidence, “the decision as to whether qr not to revoke the [defendant’s] probation is within the discretion of the trial judge” (citing Harris v. State, 453 So. 2d 228 (Fla. 5th DCA 1984))). We review a trial court’s decision to revoke probation under the familiar abuse of discretion standard described in Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980); that is “[i]f reasonable [persons] could differ as to the…

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