DENNIS W. TURNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Trial court properly revoked defendant's community control and probation based on sufficient evidence of willful violations (driving with suspended license and unauthorized absence from residence), rejecting defendant's medical excuse.
A trial court does not abuse its discretion in revoking community control when there is evidence that the defendant willfully violated its terms by driving with a suspended license and being absent from an approved residence without permission.
[1] Driving on a suspended license and unauthorized absence from an approved residence constitute sufficient grounds for revocation of community control.
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Join FLexlaw to unlock all legal intelligenceDefendant was on community control and probation. He admitted to driving while his license was suspended and being away from his approved residence wi…
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ORFINGER, M., Senior Judge.
Defendant appeals from an order of the trial court revoking his community control and probation, and sentencing him to a term of incarceration. He argues only that the evidence was insufficient to find a wilful violation of the terms of his community control. The trial court found he had violated the terms of his community control by operating a motor vehicle with a suspended license, and being away from his approved residence without permission. Appellant admitted driving while his license was suspended and being away from his approved residence without permission, but attempted to convince the court he had a good medical reason for doing so. The court was unconvinced that there was a medical reason or that any such condition required appellant 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).
AFFIRMED.
GRIFFIN, C.J., and W. SHARP, J., concur.
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Lopez v. State, 722 So. 2d 936 (Fla. 4th DCA 1998)…g of a willful and substantial violation of community control. Whether Appellant should be excused for leaving is a matter within the trial court’s sound discretion. See id,.; Allen v. State, 666 So. 2d 259, 260 (Fla. 4th DCA 1996); Turner v. State, 711 So. 2d 1321, 1321 (Fla. 5th DCA 1998); Porras v. State, 651 So. 2d 183, 183 (Fla. 3d DCA 1995). The trial court did err, however, in additionally revoking community control based on Appellant’s failure to pay costs where the evidence does not indicate that he…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rondy Jones v. State, 678 So. 2d 890 (Fla. 4th DCA 1996)
- Tavares Antonio Carter v. State, 668 So. 2d 294 (Fla. 1st DCA 1996)
- Edgerton v. State, 703 So. 2d 1249 (Fla. 5th DCA 1998)
- Montgomery v. State, 703 So. 2d 1249 (Fla. 5th DCA 1998)