ERIC RAWLINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that two unexcused absences from a treatment program can constitute a material violation of probation, and the defendant lacks standing to object to a probation officer's substitution of a counseling program if they did not complete either program.
Rawlins was placed on probation with a condition to complete a substance abuse program. His probation officer allowed him to attend a different progra…
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HARRIS, Judge.
Rawlins pled to introduction of contraband into a county detention facility and was sentenced to probation with a condition that he successfully complete a substance abuse program at the Altamonte Center for Counseling Services. Because Rawlins had difficulties obtaining transportation, his probation officer agreed to accept the completion of a program at Family Counseling which was within walking distance for Rawlins. He failed to complete the program and a violation was filed. The judge found that Rawlins violated probation and sentenced him to incarceration. Rawlins raises two points on appeal. We affirm.
First, Rawlins contends that he voluntarily missed only two sessions of the program and that this did not amount to a material violation. We conclude that a judge may find that two unexcused absences from a treatment program may indeed amount to a material violation. See Diller v. State, 1998 WL 135136, 711 So. 2d 54 (Fla. 5th DCA March 27, 1998). Rawlins next contends that since the court ordered him to attend counseling at the Altamonte Center for Counseling Services, the probation officer had no authority to substitute the program at Family Counseling. Even though the probation officer may have had no authority to amend the court’s direction to attend the Altamonte program, Rawlins has no standing to object.1 Rawlins admits that he did not complete the Alta-monte program and does not suggest that his failure to do so was because the probation officer permitted him to substitute a program closer to home. Since Rawlins did not complete drug counseling through either program, we affirm the trial court’s revocation of probation.
AFFIRMED.
GRIFFIN, C.J., and THOMPSON, J., concur. . If the trial judge has a problem with what appears to be the probation officer’s act of compassion, then the remedy is with him.
Cases With Similar Vibessemantic neighbors from the corpus
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Lawson v. State, 941 So. 2d 485 (Fla. 5th DCA 2006)…5 So. 2d at 262 (citing Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980)). The courts generally agree that unexcused absences from treatment programs are a valid basis for finding a willful and substantial violation of probation. Rawlins v. State, 711 So. 2d 137, 137 (Fla. 5th DCA 1998) (“We conclude that a judge may find that two unexcused absences from a treatment program may indeed amount to a material violation.”); see also Mills v. State, 840 So. 2d 464 (Fla. 4th DCA 2003); Marcano v. State, 814 So. 2d…
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Boyd v. State, 756 So. 2d 1114 (Fla. 1st DCA 2000)…KAHN, J. We affirm the trial court’s order revoking appellant’s probation. See Rawlins v. State, 711 So. 2d 137 (Fla. 5th DCA 1998) (concluding that a judge may find that two unexcused absences from a treatment program may indeed amount to a material violation of probation). The cases primarily relied upon by appellant, Bingham v. State, 655 So. 2d 1186 (Fla.…
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E.J. v. State, 29 So. 3d 348 (Fla. 3d DCA 2010)…2d 306, 307 (Fla. 2d DCA 2006) (recognizing that when an appellate court reverses on a finding regarding one of the conditions of community control, remand is not required if the remaining violation or violations are substantial); Rawlins v. State, 711 So. 2d 137, 137 (Fla. 5th DCA 1998) (finding unexcused absences from a treatment program, standing alone, may constitute a material violation); Johnson v. State, 667 So. 2d 475, 475 (Fla. 3d DCA 1996) (finding that the defendant’s failure to attend G.E.D. clas…
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- Diller v. State, 711 So. 2d 54 (Fla. 5th DCA 1998)