OSCAR G. REYES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Oscar Reyes appealed the revocation of his three-year probation for attempted sexual battery after he was found to have committed a burglary of an automobile in violation of his probation conditions. The appellate court affirmed the revocation, finding that the defendant had presumed knowledge of the probation condition requiring him to live without violating the law, and that sufficient evidence supported the violation.
The court affirmed the revocation of probation, holding that probation condition five (living without violating the law) is a general condition for which knowledge is presumed, the probation officer read the order to the defendant, and sufficient evidence supported the finding of violation.
[1] Knowledge of general probation conditions, such as living without violating the law, is presumed.
[2] A trial court's finding that a defendant violated a probation condition must be supported by the evidence presented.
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Join FLexlaw to unlock all legal intelligence“Probation condition five is a general probation condition for which knowledge is presumed.”
Establishes that the defendant's claimed lack of actual knowledge of the probation condition is irrelevant because general conditions are presumed known.
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Join FLexlaw to unlock all legal intelligenceReyes was placed on three years' probation for attempted sexual battery. While on probation, he burglarized an automobile. Eyewitness testimony establ…
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PER CURIAM.
The defendant, Oscar Reyes, appeals the revocation of his probation. He was placed on three years’ probation for attempted sexual battery and was subsequently violated for burglarizing an automobile. The defendant seeks reversal on the bases that he did not have actual knowledge of probation condition five, which required him to “live without violating the law,” and that the evidence does not support the trial court’s finding that the defendant violated this condition. We affirm.
Probation condition five is a general probation condition for which knowledge is presumed. See Castro v. State, 708 So. 2d 652 (Fla. 2d DCA 1998).
Furthermore, the testimony presented at the revocation hearing establishes that the order of probation was read to the defendant by his probation officer.
The testimony presented also supports the trial court’s finding that the defendant violated probation condition five. When seeking revocation of probation for commission of a new offense, “[t]he state need only show by a preponderance of the evidence that the defendant committed the offense charged.” See Robinson v. State, 609 So. 2d 89, 90 (Fla. 1st DCA 1992).
The State presented the victim’s eyewitness testimony that he saw the defendant moving around alone inside the victim’s parked ear after midnight, that the defendant jumped out of the car when he saw the victim approach, that the defendant then threatened the victim with a screwdriver and that the defendant then jumped into his nearby station wagon and sped off.. When officers stopped the defendant’s station wagon, they found the victim’s missing property inside.
The trial court did not abuse its discretion when it revoked the defendant’s probation based on this evidence.
Accordingly, we affirm the revocation of the defendant’s probation. However, we remand for entry of a written order revoking the defendant’s probation and specifying which conditions of probation the defendant was found to have violated. See Black v. Romano, 471 U.S. 606, 612, 105 S.Ct. 2254, 85 L.Ed.2d 686 (1985)(holding that a written order of revocation is mandatory); see, e.g., Hillman v. State, 663 So. 2d 671 (Fla. 2d DCA 1995).
Affirmed and remanded for entry of a written probation order. FULMER, A.C.J., and NORTHCUTT and CASANUEVA, JJ., concur.
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Robinson v. State, 907 So. 2d 1284 (Fla. 2d DCA 2005)…erned exclusively with the fact of Mr. Robinson’s arrest. The proper standard for finding a new law violation is whether a preponderance of the evidence establishes that the probationer committed the charged offense or offenses. See Reyes v. State, 711 So. 2d 1378, 1378 (Fla. 2d DCA 1998); Amador v. State, 713 So. 2d 1121, 1122 (Fla. 3d DCA 1998). “Proof sufficient to support a criminal conviction is not required to support a judge’s discretionary order revoking” probation. Robinson v. State, 609 So. 2d 89, 9…
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Good v. State, 11 So. 3d 991 (Fla. 5th DCA 2009)…inson v. State, 907 So. 2d 1284, 1287 (Fla. 2d DCA 2005): The proper standard for finding a new law violation is whether a preponderance of the evidence establishes that the probationer committed the charged offense or offenses. See Reyes v. State, 711 So. 2d 1378, 1378 (Fla. 2d DCA 1998); Amador v. State, 713 So. 2d 1121, 1122 (Fla. 3d DCA 1998). “Proof sufficient to support a criminal conviction is not required to support a judge's discretionary order revoking” probation. Robinson v. State, 609 So. 2d 89, 9…
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Delond Major v. State, 758 So. 2d 1249 (Fla. 5th DCA 2000)…COBB, J. We affirm the order revoking probation. See Griffin v. State, 719 So. 2d 972 (Fla. 4th DCA 1998); Reyes v. State, 711 So. 2d 1378 (Fla. 2d DCA 1998). However, the defendant’s sentence is reversed due to the erroneous assessment, pursuant to Florida Rule of Criminal Procedure 3.703(d)(17), of 12 points for community sanction violation. The rule provides for scoring of 12 commun…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Black v. Romano, 471 U.S. 606 (U.S. 1985)
- Robinson v. State, 609 So. 2d 89 (Fla. 1st DCA 1992)
- Hillman v. State, 663 So. 2d 671 (Fla. 2d DCA 1995)
- Castro v. State, 708 So. 2d 652 (Fla. 2d DCA 1998)