FREDDIE LEE HILTON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The trial court erred in revoking defendant’s probation for failure to file monthly reports with his probation officer. This is so because the state failed to demonstrate that, under the circumstances of this case, the defendant’s failure to file two monthly reports on time was a substantial violation of his probation. See Hudson v. State, 425 So. 2d 1166 (Fla. 2d DCA 1983); Davidson v. State, 419 So. 2d 728 (Fla. 2d DCA 1982); Shaw v. State, 391 So. 2d 754 (Fla. 5th DCA 1980); Donneil v. State, 377 So. 2d 805 (Fla. 3d DCA 1979). The defendant’s probation officer testified only that had he been in his office when defendant came to file the current and the two previous monthly reports, he did not know if he would have accepted the previous reports as timely filed.
Accordingly, the decision of the trial court revoking defendant’s probation is reversed and the cause is remanded with directions to restore defendant to probationary status.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hoshaw v. State, 533 So. 2d 886 (Fla. 3d DCA 1988)…e time of the revocation hearing, Hoshaw was current with his reports and his probation officer had accepted them. Once Ho-shaw’s late reports had been filed and accepted, late filing no longer amounted to a probation violation. See Hilton v. State, 469 So. 2d 932 (Fla. 3d DCA 1985) (order of revocation reversed where probation officer did not accept reports which defendant delivered for filing before the revocation hearing). The trial court further erred when it found that Hoshaw had failed to complete outp…
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Diller v. State, 711 So. 2d 54 (Fla. 5th DCA 1998)…ed failure to file her report for August, in September. However, she was arrested and jailed before it was due to be filed. Failure to file monthly reports may or may not be found to be a substantial violation of probation. Compare Hilton v. State, 469 So. 2d 932 (Fla. 3d DCA 1985) with Chappell v. State, 429 So. 2d 84 (Fla. 5th DCA 1983). See also McLaurin v. State, 585 So. 2d 473, 474 (Fla. 3d DCA 1991); May v. State, 472 So. 2d 890 (Fla. 4th DCA 1985). If combined with other violations, failure to file re…
Authorities Cited
- Shaw v. State, 391 So. 2d 754 (Fla. 5th DCA 1980)
- Davidson v. State, 419 So. 2d 728 (Fla. 2d DCA 1982)
- Hudson v. State, 425 So. 2d 1166 (Fla. 2d DCA 1983)
- Donneil v. State, 377 So. 2d 805 (Fla. 3d DCA 1979)