DOUG VOUDRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A defendant's community control cannot be revoked for violating an instruction given by the officer, rather than a court-imposed condition.
Defendant's community control was alleged to be violated by failing to call his officer daily and by changing employment without consent. The trial co…
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FARMER, Judge.
Defendant was placed on community control for two years. Eight months later, his community control officer filed an affidavit alleging numerous violations, two of which form the basis of this appeal. As to the first of the two violations, the trial court found that the defendant had violated community control by “failing to follow carefully and faithfully both the letter and spirit of valid instructions given [him] by a duly authorized community control officer.” This violation was based on the defendant’s failure to follow his officer’s directive that he telephone the officer every day. The officer also testified that the defendant had not called him on approximately 12-20 occasions. As to the second violation, the officer testified that he had violated a provision in the sentence of community control that prohibited him from changing his employment without first obtaining the consent of his community control officer. According to the officer’s testimony, defendant changed employment without informing him.
We find error in the first violation. Community control cannot be revoked on the ground that the defendant failed to make daily telephone contact with his community control officer, when the condition was imposed by that officer and not by the court. Community control may be revoked only for a violation of court imposed conditions. Chatman v. State, 365 So. 2d 789 (Fla. 4th DCA 1978); Page v. State, 363 So. 2d 621 (Fla. 3d DCA 1978).
We find no error in the trial court’s conclusion that defendant violated the court imposed condition requiring him to seek his officer’s permission before changing jobs. In view of our elimination of one of the grounds for revocation, we remand to allow the trial court to reconsider whether to revoke community control for the sole remaining violation.
REVERSED AND REMANDED WITH DIRECTIONS.
GLICKSTEIN and GUNTHER, JJ., concur.
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Waldon v. State, 670 So. 2d 1155 (Fla. 4th DCA 1996)…community control may not be revoked for violation of a condition or requirement imposed unilaterally by the probation officer but not by the sentencing order. See, [*1158] e.g., Kiess v. State, 642 So. 2d 1141 (Fla. 4th DCA 1994); Voudry v. State, 641 So. 2d 466 (Fla. 4th DCA 1994); and Ashrafi v. State, 534 So. 2d 886 (Fla. 4th DCA 1988); see also Morales v. State, 518 So. 2d 964 (Fla. 3d DCA 1988); Hutchinson v. State, 428 So. 2d 739 (Fla. 2d DCA 1983) and Holterhaus v. State, 417 So. 2d 291 (Fla. 2d DCA…
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Antoine v. State, 684 So. 2d 266 (Fla. 4th DCA 1996)…nd the sex offender counseling program. In view of our invalidation of the first ground for revocation, however, we remand to the trial court to reconsider revocation of community control based solely on the remaining violation. See Voudry v. State, 641 So. 2d 466 (Fla. 4th DCA 1994). Reversed and remanded with directions. DELL and STEVENSON, JJ., concur.…
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Royster v. State, 691 So. 2d 1196 (Fla. 4th DCA 1997)…and imposed the same sentences based on the two remaining violations, we reverse and remand to the trial eourt for reconsideration of its decision to revoke community control. See Brown v. State, 659 So. 2d 1260 (Fla. 4th DCA 1995); Voudry v. State, 641 So. 2d 466 (Fla. 4th DCA 1994); Vezina v. State, 644 So. 2d 602 (Fla. 1st DCA 1994); cf. Kiess v. State, 642 So. 2d 1141 (Fla. 4th DCA 1994). Should the trial court decide on remand to revoke defendant’s community control based on the two remaining violation…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Page v. State, 363 So. 2d 621 (Fla. 1st DCA 1978)
- Chatman v. State, 365 So. 2d 789 (Fla. 4th DCA 1978)