CHRISTIE THORPE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Thorpe appeals the revocation of her probation, challenging whether her failure to transfer condominium equity to a crime victim constituted a willful and substantial probation violation. The court reversed, holding that Thorpe made reasonable efforts to comply with the restitution condition and that her alleged misrepresentation occurred before the probation term was imposed.
The probation revocation was reversed because Thorpe's conduct did not legally constitute a willful and intentional violation of her probation condition. Although her alleged misrepresentation could support independent criminal charges or contempt findings, it did not establish a willful probation violation, particularly where she made reasonable efforts to comply after the probation term was imposed.
[1] A violation triggering a revocation of probation must be willful and substantial.
[2] The behavior underlying a probation violation must occur after the terms of supervision have been imposed.
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Join FLexlaw to unlock all legal intelligence“A violation triggering a revocation of probation must be willful and substantial.”
Establishes the legal standard for probation revocation required throughout the analysis
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Join FLexlaw to unlock all legal intelligenceThorpe was placed on probation with a condition to transfer her condominium (representing $8,750 in equity) to a crime victim as restitution. Thorpe a…
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PER CURIAM.
The issue raised in this appeal is whether Appellant willfully and substantially violated the terms of her probation because she had not transferred to the victim the represented $8,750 equity value in her condominium. A violation triggering a revocation of probation must be willful and substantial. Drayton v. State, 490 So. 2d 229 (Fla. 2d DCA 1986).
The behavior underlying the violation must occur after the terms of supervision have been imposed. E.g., Hines v. State, 358 So. 2d 183, 185 (Fla.1978).
Where a probationer has made reasonable efforts to comply with the terms of probation, his or her failure to do so has been held not to be willful. Scott v. State, 485 So. 2d 40 (Fla. 2d DCA 1986); Gardner v. State, 365 So. 2d 1053 (Fla. 4th DCA 1978); Shaw v. State, 391 So. 2d 754 (Fla. 5th DCA 1980).
The alleged misrepresentation by Appellant that she had an equity of $8,750 in her condominium took place pri-or to the entry of the order setting the condition of probation that she transfer the condominium to the victim as restitution. After the order was entered, Appellant made reasonable efforts to comply with its terms by attempting to transfer title to the condominium and offering to pay in cash over a period of time any deficiency in the equity, which the victim rejected. While it may be argued that Appellant’s alleged misrepresentation of the equity value could be cause for prosecution of an independent criminal charge or support a finding of criminal contempt, such conduct did not legally constitute a willful and intentional violation of the condition of her probation. The order revoking probation on that ground is REVERSED.
ZEHMER, C.J., and MICKLE and LAWRENCE, JJ., concur.
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State v. Carter, 835 So. 2d 259 (Fla. 2002)…rted by the greater weight of the evidence. In other words, the trial court must review the evidence to determine whether the defendant has made reasonable efforts to comply with the terms and conditions of his or her probation. See Thorpe v. State, 642 So. 2d 629 (Fla. 1st DCA 1994); Stevens v. State, 599 So. 2d 254 (Fla. 3d DCA 1992). We agree with Judge Letts’ statements in his specially concurring opinion in Davis v. State, 474 So. 2d 1246 (Fla. 4th DCA 1985) (Letts, J., specially concurring), that proba…
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VAN Wagner v. State, 677 So. 2d 314 (Fla. 1st DCA 1996)…n. To establish a violation of probation, the prosecution must prove by a preponderance of the evidence that a probationer willfully violated a substantial condition of probation. Salzano v. State, 664 So. 2d 23 (Fla. 2d DCA 1995); Thorpe v. State, 642 So. 2d 629, 629 (Fla. 1st DCA 1994) (‘Where a probationer has made reasonable efforts to comply with the terms of probation, his or her failure to do so has been held not to be willful.”). See also Washington v. State, 667 So. 2d 255 (Fla. 1st DCA 1995) (findi…
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Loryvette Jones v. State, 730 So. 2d 349 (Fla. 4th DCA 1999)…320 (Fla. 2d DCA 1988). Where a probationer has made reasonable efforts to comply with the terms of probation, his or her failure to do so has been held not to be willful. See Van Wagner v. State, 677 So. 2d 314 (Fla. 1st DCA 1996); Thorpe v. State, 642 So. 2d 629 (Fla. 1st DCA 1994); Shaw v. State, 391 So. 2d 754 (Fla. 5th DCA 1980). Appellate courts should only reverse a revocation of probation if it is shown that the trial court abused its discretion. See Bernhardt v. State, 288 So. 2d 490 (Fla.1974)(The e…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hines v. State, 358 So. 2d 183 (Fla. 1978)
- Shaw v. State, 391 So. 2d 754 (Fla. 5th DCA 1980)
- Scott v. State, 485 So. 2d 40 (Fla. 2d DCA 1986)
- Gardner v. State, 365 So. 2d 1053 (Fla. 4th DCA 1978)
- Drayton v. State, 490 So. 2d 229 (Fla. 2d DCA 1986)