JOSEPH J. PENDERGRASS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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LEHAN, Judge.
We reverse the revocations of defendant’s probations. The revocations stemmed from defendant having been charged with possession of a stolen driver’s license and carrying a concealed weapon, alleged violations of probation condition 5 requiring no violations of law. The record indicates that the trial court dismissed these charges after granting defendant’s motion to suppress. See Graddy v. State, 517 So. 2d 772 (Fla. 2d DCA 1988) (revocation improper if based on commission of new charges that are subsequently dismissed). See also Cross v. State, 469 So. 2d 226 (Fla. 2d DCA 1985), approved, 487 So. 2d 1056 (Fla.), cert. dismissed, 479 U.S. 805, 107 S.Ct. 248, 93 L.Ed.2d 172 (1986) (exclusionary rule applies in revocation proceeding).
We affirm the imposition of conditions 6 and 9 which defendant contends are unrelated to the offenses of which he was convicted. Defendant did not challenge these conditions at the time he was origi nally placed on probation. See Baxter v. State, 596 So. 2d 460 (Fla. 2d DCA 1991), review denied, No. 79,148 (Fla. Apr. 28, 1992).
Reversed in part, affirmed in part and remanded.
RYDER, A.C.J., and BLUE, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Waymon M. Swilley v. State, 781 So. 2d 458 (Fla. 2d DCA 2001)…entence even if the State files a nolle prosequi); State v. Jenkins, 762 So. 2d 535, 536 (Fla. 4th DCA 2000) (holding that a new criminal offense can constitute a probation violation even if nolle prossed by the State); but cf. Pendergrass v. State, 601 So. 2d 1250, 1250 (Fla. 2d DCA 1992) (reversing probation revocation based upon charges dismissed due to suppressed evidence); Graddy v. State, 517 So. 2d 772, 773 (Fla. 2d DCA 1988) (reversing probation revocation where State conceded error in probation violat…
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State v. Jenkins, 762 So. 2d 535 (Fla. 4th DCA 2000)…s required to prove the criminal charge, the state may still have sufficient evidence to meet its lesser burden. Moreover, the state attorney could still refile the criminal charges against appellee. The trial court relied on Pendergrass v. State, 601 So. 2d 1250 (Fla. 2d DCA 1992), and Graddy v. State, 517 So. 2d 772 (Fla. 2d DCA 1988). However, the court in Graddy relied upon the state’s concession of error in reaching its decision on this issue. See id. at 773. We conclude that Graddy is distinguishable b…
Authorities Cited
- State v. Cross, 487 So. 2d 1056 (Fla. 1986)
- Cross v. State, 469 So. 2d 226 (Fla. 2d DCA 1985)
- Shoecraft v. Catholic Soc. Servs. Bureau, Inc., 479 U.S. 805 (U.S. 1986)
- United States v. McAfee, 479 U.S. 805 (U.S. 1986)
- Baxter v. State, 596 So. 2d 460 (Fla. 2d DCA 1991)
- David v. Graddy, 517 So. 2d 772 (Fla. 2d DCA 1988)