LEON WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that requiring a urinalysis was a reasonable part of the supervisory directions given by a probation officer, encompassed by the condition of successful completion of a drug treatment program.
Appellant pleaded guilty to aggravated assault and was placed on probation with a special condition of drug treatment. He was later charged with viola…
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PER CURIAM.
Appellant pleaded guilty to aggravated assault and was placed on two years’ probation with the special condition of “inpatient and follow-up treatment as recommended,” referring to a drug treatment program. Pour months later, appellant was charged with violation of Condition 8 of his probation:
(8) You will promptly and truthfully answer all inquiries directed to you by the court or the probation officer, and allow the officer to visit in your home, at your employment site or elsewhere, and you will comply with all instructions he may give you.
The affidavit of violation of probation alleged that he violated this condition by failing to remain in the probation officer’s office to submit to a urine test. After a hearing, the court found that this constituted a violation of Condition 8 and sentenced appellant to nine months in the county jail. We affirm.
Appellant contends that submitting to urinalysis was not a requirement of his probation. However, we believe that submitting to the urine test was encompassed by Condition 8 since a special condition of probation was successful completion of an inpatient drug treatment program, as referred to in his written negotiated plea.
While only a court may set conditions upon which probation can be revoked, Fogarty v. State, 465 So. 2d 625 (Fla.2d DCA 1985), requiring a urinalysis here can only be seen as the specified “follow-up” and, therefore, a reasonable part of the normal supervisory directions given by a probation officer. See Holterhaus v. State, 417 So. 2d 291 (Fla. 2d DCA 1982).
AFFIRMED.
LETTS, DELL and STONE, JJ., concur.
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Williams v. State, 728 So. 2d 287 (Fla. 2d DCA 1999)…lful. The failure to file monthly reports is a sufficient basis for revocation of probation. See Jordan v. State, 610 So. 2d 616 (Fla. 1st DCA 1992). The failure to submit to urine screens is also a valid basis for revocation. See Williams v. State, 563 So. 2d 1129 (Fla. 4th DCA 1990). However, illness can render technical violations of probation not “substantial and willful.” See Rainer v. State, 657 So. 2d 1230 (Fla. 4th DCA 1995). Either a mental or a physical illness can be debilitating to the point that a…
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Melton v. State, 685 So. 2d 853 (Fla. 2d DCA 1995)…, at his own expense, the recommended inpatient treatment program and any recommended aftercare treatment. Since this is a special condition of probation which was not orally pronounced at sentencing, we strike this condition. See Williams v. State, 563 So. 2d 1129 (Fla. 4th DCA 1990). See also Pounds v. State, 661 So. 2d 312 (Fla. 2d DCA 1995). The appellant also challenges condition (28) of his order of probation/community control which directs him to pay $288 in court costs. Since the trial court did not c…
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O'Brien v. State, 741 So. 2d 643 (Fla. 4th DCA 1999)…PER CURIAM. We affirm appellant’s, James O’Brien, revocation of probation. See Williams v. State, 563 So. 2d 1129 (Fla. 4th DCA 1990). However, appellee concedes, and we agree, that the order revoking probation must be corrected since it erroneously reflects that appellant violated all six of his conditions of probation. In actuality, the court found that appel…
Authorities Cited
- Holterhaus v. State, 417 So. 2d 291 (Fla. 2d DCA 1982)
- Fogarty v. State, 465 So. 2d 625 (Fla. 2d DCA 1985)