FREDERICK WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Affirmed conviction for violation of community control conditions; defendant's failure to report within 72 hours of release from jail constituted a material violation despite the affidavit's inclusion of a date when he was incarcerated.
A defendant's failure to report to community control supervision within a reasonable time after release from jail constitutes a material violation, and the affidavit's inclusion of an "on or about" date that fell during the defendant's incarceration does not excuse the violation.
[1] A defendant's obligation to report to community control supervision arises upon release from custody, and failure to report within a reasonable time after release constit…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Had White appeared on February 17 and explained the reason for his delayed reporting, the violation would have been unjustified.”
Court's analysis of what would have excused the violation if White had timely reported after release.
White pleaded guilty to burglary and was sentenced to two years community control followed by two years probation. He was arrested for traffic violati…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Affidavit Sufficiency cases and more on FLexlaw
HARRIS, Judge.
White pled guilty to burglary and was sentenced to two years community control to be followed by two years probation. "When he failed to report for community control supervision, a warrant was filed alleging a violation in that White faded to report “within 72 hours on or about 2/11/94.” White’s defense was that he was unable to report within 72 hours of February 11,1994 because he was not released from jail until February 16. He contends, however, that he did report on February 17. But this is contrary to his community control officer’s testimony that he did not see White until June 29. The court accepted the community control officer’s testimony and we find no error in that.
We conclude that the material allegation in the affidavit was that "White failed to report to community control as ordered. The “on or about” date is when the community control officer thought the report should have been. The community control officer was unaware that White had been arrested for traffic violations which kept him in jail for a few days. Had White appeared on February 17 and explained the reason for his delayed reporting, the violation would have been unjustified. But the court found that White did not appear until June 29. The fact that the community control officer included the “on or about” date in the affidavit, which date included the time White was in jail, does not excuse White’s not appearing timely after his release. He was aware of his obligation to report and the affidavit and warrant adequately advised him of the nature of the violation.
AFFIRMED.
GOSHORN and PETERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
-
State Farm Mut. Auto. Ins. Co. v. O'Hearn, 975 So. 2d 633 (Fla. 2d DCA 2008)…So. 2d 865 (Fla. 3d DCA 2000) (holding that a discovery order in a bad faith action requiring disclosure of the insurer’s business practices was premature without a determination of the coverage issue); American Bankers Ins. Co. of Fla. v. Wheeler, 711 So. 2d 1347 (Fla. 5th DCA 1998) (holding that in a bad faith action, when the issue of coverage has not been determined, it is a departure from the essential requirements of the law to order disclosure of the insurer’s claims file and the insurer’s claims handl…1 / 2
-
OLD Republic Nat'l Title Ins. Co. v. Homeamerican Credit, Inc., 844 So. 2d 818 (Fla. 5th DCA 2003)…So. 2d 865 (Fla. 3d DCA 2000) (holding that a discovery order in a bad faith action requiring disclosure of the insurer’s business practices was premature without a determination of the coverage issue); American Bankers Ins. Co. of Fla. v. Wheeler, 711 So. 2d 1347 (Fla. 5th DCA 1998) (holding that in a bad faith action, when the issue of coverage has not been determined, it is a departure from the essential requirements of the law to order disclosure of the insurer’s claims file and the insurer’s claims handl…
-
Gov't Emps. Ins. Co. v. Edelmida Rodriguez, 960 So. 2d 794 (Fla. 3d DCA 2007)…So. 2d 865 (Fla. 3d DCA 2000) (holding that a discovery order in a bad faith action requiring disclosure of the insurer’s business practices was premature without a determination of the coverage issue); American Bankers Ins. Co. of Fla. v. Wheeler, 711 So. 2d 1347 (Fla. 5th DCA 1998) (holding that in a bad faith action, when the issue of coverage has not been determined, it is a departure from the essential requirements of the law to order disclosure of the insurer’s claims file and the insurer’s claims handl…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence