JON M. EDGERTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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GRIFFIN, Chief Judge.
Appellant, Jon M. Edgerton [“ Edger-ton”], seeks review of the order of the lower court that he willfully violated his probation by failing to complete six months of court-ordered substance abuse treatment. According to Edgerton, a variety of medical problems prevented him from successfully completing the Bridge program. The state argues, however, that Edgerton’s discharge from the program was a direct result of his “utter unwillingness” to comply with the requirements of the program despite numerous accommodations made by staff on his behalf. We affirm.
Although the evidence shows that Edger-ton suffered from ulcers, had a back injury and knee trouble and had developed a foot fungus, there is also evidence to support the state’s position that his medical problems were not the cause of his failure. This case is unlike Rainer v. State, 657 So. 2d 1230 (Fla. 4th DCA 1995) and Gibbs v. State, 609 So. 2d 76 (Fla. 1st DCA 1992) on which Edgerton relies.
AFFIRMED.
HARRIS and ANTOON, JJ., concur.
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Dwaine Woodson v. State, 864 So. 2d 512 (Fla. 5th DCA 2004)…e conclude in this case that the trial court did not abuse its discretion in revoking Arias’ probation based upon his willful failure to participate in good faith with the MDSO program.”), review denied, 767 So. 2d 453 (Fla.2000); Edgerton v. State, 703 So. 2d 1249, 1250 (Fla. 5th DCA 1998) (“The state argues, however, that Edgerton’s discharge from the program was a direct result of his ‘utter unwillingness’ to comply with the requirements of the program despite numerous accommodations made by staff on his be…1 / 2
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Turner v. State, 711 So. 2d 1321 (Fla. 5th DCA 1998)…nt to violate the terms of the order. We find no abuse of the court’s discretion in ruling on disputed facts. There was evidence from which the court could conclude that the violation was not the result of a medical condition. See Edgerton v. State, 703 So. 2d 1249 (Fla. 5th DCA 1998). Driving on a suspended license and absence from an approved residence will sustain revocation of community control. See Jones v. State, 678 So. 2d 890 (Fla. 4th DCA 1996); Jacobs v. State, 668 So. 2d 294 (Fla. 1st DCA 1996). A…
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Shaw v. State, 707 So. 2d 962 (Fla. 1st DCA 1998)…PER CURIAM. AFFIRMED. See Edgerton v. State, 703 So. 2d 1249, 1250 (Fla. 5th DCA 1998). MICKLE, LAWRENCE and DAVIS, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rainer v. State, 657 So. 2d 1230 (Fla. 4th DCA 1995)
- Gibbs v. State, 609 So. 2d 76 (Fla. 1st DCA 1992)