JAMES MCLAURIN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the trial court order revoking defendant’s probation and sentencing him to a guidelines sentence of nine years for armed kidnapping. At defendant’s hearing, the state sought to revoke defendant’s probation by presenting evidence that the defendant had committed the new offense of aggravated child abuse while on probation and that he had failed to report to his probation officer for four months. In his ruling the trial judge stated: “I am going to give him a straight nine years. If the aggravated child abuse case had been actually proved more to the Court’s satisfaction I probably would have sentenced him to a higher amount.”
Clearly, the trial judge did not base the revocation on a finding that the state had met its burden of proving child abuse by the greater weight of the evidence. He revoked probation and entered the guidelines sentence based solely on proof of the defendant’s failure to make monthly reports to his probation officer. This alone was an adequate ground to support the revocation. See May v. State, 472 So. 2d 890 (Fla. 4th DCA 1985); Miller v. State, 444 So. 2d 523, 526 (Fla. 1st DCA 1984); Aaron v. State, 400 So. 2d 1033 (Fla. 3d DCA), review denied, 408 So. 2d 1095 (Fla.1981).
Affirmed.
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Diller v. State, 711 So. 2d 54 (Fla. 5th DCA 1998)…d. 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 reports may be viewed as a substantial and material violation. Chappell. However, as set forth above, no other violations w…
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Delee v. State, 816 So. 2d 677 (Fla. 3d DCA 2002)…port is a valid and important condition of probation and failure to do so can result in a revocation of probation. See e.g., Williams v. State, 811 So. 2d 814, (Fla. 3d DCA 2002); Beard v. State, 684 So. 2d 344 (Fla. 3d DCA 1996); McLaurin v. State, 585 So. 2d 473 (Fla. 3d DCA 1991). The only question that remains is whether failing to file a monthly report once is a material, substantial violation of probation. While we recognize there may be exceptions, we find once is enough. See Strunk v. State, 728 So. 2…
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Johnson v. State, 606 So. 2d 774 (Fla. 3d DCA 1992)…[*775] PER CURIAM. Affirmed. Goene v. State, 577 So. 2d 1306 (Fla.1991); Dennis v. State, 597 So. 2d 942 (Fla. 2d DCA 1992); McLaurin v. State, 585 So. 2d 473 (Fla. 3d DCA 1991); McPherson v. State, 530 So. 2d 1095 (Fla. 1st DCA 1988); Little v. State, 519 So. 2d 1139 (Fla. 2d DCA), rev. denied, 528 So. 2d 1182 (Fla.1988); Edwards v. State, 439 So. 2d 1028 (Fla. 3d DCA 1983).…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Aaron v. State, 400 So. 2d 1033 (Fla. 3d DCA 1981)
- Miller v. State, 444 So. 2d 523 (Fla. 1st DCA 1984)
- Pritchard v. State, 472 So. 2d 890 (Fla. 4th DCA 1985)
- MAY v. State, 472 So. 2d 890 (Fla. 4th DCA 1985)