ANTHONY SCOTT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
The order revoking the defendant Anthony Scott’s probation based on the defendant’s use of intoxicants to excess is affirmed. At the probation revocation hearing below, the state established by the greater weight of the evidence that a police officer observed the defendant staggering down the street in an intoxicated state inhaling automobile transmission fluid. This showing, in our view, was sufficient to revoke the defendant’s probation; we have not overlooked the defendant’s contrary arguments, but are not persuaded thereby. See, e.g., Fernander v. State, 434 So. 2d 24 (Fla. 3d DCA 1983); Miller v. State, 420 So. 2d 631 (Fla. 2d DCA 1982); Singletary v. State, 290 So. 2d 116 (Fla. 4th DCA), cert. dismissed, 293 So. 2d 361 (Fla.1974).
Affirmed.
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Alston v. State, 646 So. 2d 184 (Fla. 1994)…ke an express oral finding that the appellant used cocaine and because the trial court orally found appellant violated probation by smoking marijuana, although the charging affidavit did not allege that appellant smoked marijuana). .Scott v. State, 524 So. 2d 1148 (Fla. 3d DCA 1988) (affirming revocation of probation based on defendant's use of intoxicants to excess where police officer observed appellant staggering down street, inhaling automobile transmission fluid).…
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Morton Roofing, Inc. v. Prather, 864 So. 2d 64 (Fla. 5th DCA 2003)…d by their former action. See Streacker v. Hinton, 742 So. 2d 426 (Fla. 1st DCA 1999); Berg v. Sturgeon, 718 So. 2d 887 (Fla. 4th DCA 1998); Hollywood Corporate Circle v. Amato, 604 So. 2d 888 (Fla. 4th DCA 1992); Gen. Contractors of Am. v. Stinson, 524 So. 2d 1148 (Fla. 3d DCA 1988). Prather counters by citing decisions such as Auto-Owners Insurance Co. v. Tompkins, 651 So. 2d 89 (Fla.1995), wherein the trial court had erroneously instructed the jury that it could award future economic damages only if it fou…
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Vernia Smith v. State, 100 So. 3d 253 (Fla. 3d DCA 2012)…particular community control provision,” it did so “because the conduct established does not appear to be that which the excessive use condition was intended to proscribe.” Id. at 185. In so holding, the Court cited with approval to Scott v. State, 524 So. 2d 1148 (Fla. 3d DCA 1988), in which this Court held that probation could be revoked based upon a police officer observing the defendant staggering down the street in an intoxicated state on a single occasion. Under Alston, therefore, even a single use of a…
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- Singletary v. State, 290 So. 2d 116 (Fla. 4th DCA 1974)
- Miller v. State, 420 So. 2d 631 (Fla. 2d DCA 1982)
- Ferradas v. State, 434 So. 2d 24 (Fla. 3d DCA 1983)
- Fernander v. State, 434 So. 2d 24 (Fla. 3d DCA 1983)
- ST. Louis-San Francisco Ry. Co. v. Dep't OF Transp. of the State of Fla., 293 So. 2d 361 (Fla. 1974)
- Singletary v. State, 293 So. 2d 361 (Fla. 1974)