WILLARD LEE BINGHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the defendant did not violate probation because the condition requiring psychosexual counseling did not specify completion or a time limit.
The defendant was placed on probation with a condition to submit to psychosexual evaluation and treatment. An affidavit alleged violation due to unsat…
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ERVIN, Judge.
Willard Lee Bingham appeals an order revoking probation and his consequent sentences. We reverse, because there was no evidence that Bingham violated a condition requiring him to submit to psychosexual counseling, as there was no requirement of completion.
Bingham was sentenced to two concurrent 15-year probationary terms for two counts of lewd act on a child. Condition 11 of the probation order provided:
You will submit to PSYCHO/SEXUAL evaluation and treatment as directed by your probation officer and shall be responsible for the payment of any costs incurred while receiving said treatment.
An affidavit of violation of probation was filed on February 9, 1994, alleging a violation of condition 11. The evidence showed that Bingham submitted to six sessions of psycho-sexual counseling before he was terminated for unsatisfactory attendance, and that he tried thereafter but failed to find an appropriate counseling program. The court con-eluded that Bingham substantially and materially violated his probation by disregarding condition 11, and sentenced him to 15 years in prison as to Count I, and to a consecutive probationary term of 15 years for Count II. This was error. Because condition 11 did not include a requirement of completion or some other time limit, Bingham has satisfied the requirement that he submit to psychosexual counseling. Bell v. State, 643 So. 2d 674 (Fla. 1st DCA 1994).
REVERSED and REMANDED with directions to the trial court to reinstate Bing-ham’s probation.
MINER and BENTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Larangera v. State, 686 So. 2d 697 (Fla. 4th DCA 1996)…using to admit his guilt, a requirement of the counseling program. The court reversed revocation of his probation because requiring him to admit guilt or complete the program were not part of the probation condition. Similarly, in Bingham, v. State, 655 So. 2d 1186 (Fla. 1st DCA 1995), the defendant was also required to “submit to” counseling, and was terminated after six sessions because of his poor attendance. The court held that because the condition did not require completion or contain some other time lim…
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La Ronn Marquies Wilson v. State, 781 So. 2d 1185 (Fla. 5th DCA 2001)…roffered, is insufficient to demonstrate willful and substantial noncompliance. In deciding Rodriguez, this court cited Washington v. State, 667 So. 2d 255 (Fla. 1st DCA 1995), which involved a single missed counseling session, and Bingham v. State, 655 So. 2d 1186 (Fla. 1st DCA 1995), which involved a single missed meeting of sex offender group counseling. In both cases, the probationers offered a reasonable explanation of why they had missed the session or meeting. In both cases, the district courts held tha…
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Nanivette Rodriguez v. State, 768 So. 2d 1234 (Fla. 5th DCA 2000)…1991). A single missed appointment in May, where there was also a valid explanation proffered, is also insufficient to demonstrate willful and substantial noncompliance. See Washington v. State, 667 So. 2d 255 (Fla. 1st DCA 1995); Bingham v. State, 655 So. 2d 1186 (Fla. 1st DCA 1995); Stevens v. State, 599 So. 2d 254 (Fla. 3d DCA 1992). The court also found that Rodriguez violated the condition of her probation by moving from her approved residence without notifying her probation officer and obtaining permis…
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- Bell v. State, 643 So. 2d 674 (Fla. 1st DCA 1994)