TERRY RANDOLPH YANCEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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SHIVERS, Chief Judge.
Appellant, Terry Randolph Yancey, appeals an order revoking his probation for failure to comply with Condition 9 thereof. We reverse.
As a condition of his three year probation, appellant was ordered to submit himself to the local mental health agency “for evaluation and treatment of diagnosed needs,” and to participate until satisfactorily discharged in any treatment programs developed for him. The facts contained in the record on appeal do not support a finding that Yancey willfully failed to comply with Condition 9 of his probation. Thomas v. State, 542 So. 2d 475 (Fla. 1st DCA 1989); Scott v. State, 485 So. 2d 40 (Fla.2d DCA 1986). To the contrary, the facts indicate that the mental health center failed to properly evaluate Yancey and to develop a program suitable to his needs, notwithstanding Yancey’s expression of his belief that he did not need treatment. We therefore vacate the order revoking probation, and remand for reinstatement of the order placing Yancey on probation.
REVERSED and REMANDED.
SMITH and BARFIELD, JJ., concur.
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Archer v. State, 604 So. 2d 561 (Fla. 1st DCA 1992)…. Because Archer has submitted neither motion to the trial court, he is entitled to no relief due to any misunderstanding as to the consequences of his plea. Archer also argues that he was not properly evaluated. As we indicated in Yancey v. State, 547 So. 2d 1040 (Fla. 1st DCA1989), where a special condition of probation requires a defendant to submit to evaluation and then satisfactorily complete any recommended treatment programs, a proper evaluation is a condition precedent to any obligation of the defend…
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Ladon Maurice Green v. State, 620 So. 2d 1126 (Fla. 1st DCA 1993)…Washington v. State, 579 So. 2d 400, 402 (Fla. 5th DCA 1991). It is incumbent upon the state to establish that a defendant willfully violated the terms of his probation. Jacobsen v. State, 536 So. 2d 373 (Fla. 2d DCA 1988). See also Yancey v. State, 547 So. 2d 1040, 1042 (Fla. 1st DCA 1989) (revocation of probation for violation of condition requiring probationer to submit himself for mental health evaluation and treatment of his diagnosed needs reversed, where facts indicated that mental health center failed…
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Robinson v. State, 773 So. 2d 566 (Fla. 2d DCA 2000)…rpret these cases as requiring the State to bring forth evidence of the probationer’s ability to pay to demonstrate willfulness, a necessary element to prove a violation. See Jordan v. State, 610 So. 2d 616, 618 (Fla. 1st DCA 1992); Yancey v. State, 547 So. 2d 1040, 1041 (Fla. 1st DCA 1989). Here, the State brought forth no record evidence showing that Mr. Robinson had the ability to pay either his costs of supervision or restitution. Although the evidence demonstrated that Mr. Robinson had made payments redu…
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- Scott v. State, 485 So. 2d 40 (Fla. 2d DCA 1986)
- Coyle v. W. Union & Crawford & Co., 542 So. 2d 475 (Fla. 1st DCA 1989)
- Ira Thomas v. State, 542 So. 2d 475 (Fla. 1st DCA 1989)