KEITH MOORE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KEITH MOORE, APPELLANT,
STATE OF FLORIDA, APPELLEE
632 So. 2d 199
Florida District Court of Appeal, First District (1994)
Positive Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM.
Appellant Keith Moore appeals the order of the trial court revoking his probation. At issue is whether the trial court abused its discretion in revoking appellant’s probation solely for failure to file one monthly report with his probation officer. On the present facts, we find appellant’s failure to file one monthly report does not constitute a substantial violation of the terms of his probation. We reverse and remand, directing the trial court to return appellant to probationary status. REVERSED and REMANDED for further consistent proceedings.
ZEHMER, C.J., and MINER and WOLF, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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State v. Carter, 835 So. 2d 259 (Fla. 2002)…o 54.9 months in state prison. On appeal the First District Court of Appeal, relying on its earlier precedent, held that failure to file a single monthly report does not by itself constitute a substantial violation of probation. See Moore v. State, 632 So. 2d 199 (Fla. 1st DCA 1994); accord Sanders v. State, 675 So. 2d 665 (Fla. 2d DCA 1996). The First District acknowledged that its decision was in conflict with the decision by the Fourth District in Schwartz v. State, 719 So. 2d 965 (Fla. 4th DCA 1998). Thi…1 / 2
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Allen v. State, 662 So. 2d 380 (Fla. 4th DCA 1995)…obation waives the defense of inability to pay. In the event that the court, on remand, does not find an ability to pay, we direct the court to reconsider whether the failure to report was, in and of itself, sufficient to revoke. See Moore v. State, 632 So. 2d 199 (Fla. 1st DCA 1994). Reversed. DELL and STEVENSON, JJ., concur.…
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Williams v. State, 896 So. 2d 805 (Fla. 4th DCA 2005)…fore and after May 2003 is acknowledged. The failure to file one monthly report, having reported prior to and subsequent to that date, does not constitute a willful and substantial violation of the terms of appellant’s probation. See Moore v. State, 632 So. 2d 199, 199 (Fla. 1st DCA 1994). With regard to the allegation that appellant moved without permission, although there was testimony that appellant did, in fact, move without prior notification to his probation supervisor, there was also evidence that app…
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