DAVID SCHWARTZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a probationer's failure to file a monthly report, even with a claimed accident, can be grounds for revocation if the failure is found to be willful.
Appellant's probation was revoked for failing to file a monthly report. He claimed an accident prevented him from doing so, but the state presented ev…
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WARNER, Judge.
Appellant’s probation was revoked for failure to file a monthly report with his probation officer. He claimed that his failure was not willful and substantial but was the result of an accident suffered by him. We affirm because the trial court resolved the factual disputes with regard to appellant’s incapacity as a result of the accident contrary to appellant’s position.
This court has repeatedly held that the failure to file a monthly report is a sufficient ground for revocation of probation. See Thompson v. State, 710 So. 2d 80, 81 (Fla. 4th DCA 1998); Warren v. State, 499 So. 2d 55, 56 (Fla. 4th DCA 1986); Davis v. State, 474 So. 2d 1246, 1247 (Fla. 4th DCA 1985).
While appellant asserts that his documented involvement in an accident negated a finding that he had “willfully” violated this condition, the state controverted his evidence. He was required to report to his probation officer between the first and the tenth of each month, but in July appellant failed to do so prior to his accident on July 14, 1998. After that time, contrary to his testimony, his probation officer stated that she made several calls to him but that he failed to call her and inform her of the accident until sometime in August. Moreover, the trial court reviewed the medical evidence and determined that nowhere was bed rest required of appellant. In fact, appellant went to work after the accident when he claimed to be incapacitated and unable to report to the probation office. The court thus concluded that appellant could have reported after the accident.
The trial court properly exercised its discretion in rejecting appellant’s version of the events and finding that the probation officer was more credible with respect to the facts surrounding the probation violation. We therefore affirm.
STONE, C.J., and GROSS, J., concur.
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State v. Carter, 835 So. 2d 259 (Fla. 2002)…QUINCE, J. We have for review Carter v. State, 24 Fla. L. Weekly D1063, — So. 2d -, 1999 WL 289215 (Fla. 1st DCA April 30, 1999), which expressly and directly conflicts with Schwartz v. State, 719 So. 2d 965 (Fla. 4th DCA 1998), and Strunk v. State, 728 So. 2d 320 (Fla. 5th DCA 1999). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. Because the district court in Carter applied a per se rule to the question of whether the failure to file a single…1 / 2
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Strunk v. State, 728 So. 2d 320 (Fla. 5th DCA 1999)…n probation is maintained. If the court cannot insist that these reports be filed, then probation ceases to be a viable alternative to incarceration.” 711 So. 2d at 55. Finally, we agree with the holding of the Fourth District in Schwartz v. State, 719 So. 2d 965 (Fla. 4th DCA 1998), that the failure to file a monthly report can be a sufficient ground for revocation of probation. AFFIRMED. PETERSON, J., concurs. W. SHARP, J., dissents, without opinion.…
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Delee v. State, 816 So. 2d 677 (Fla. 3d DCA 2002)…substantial violation of probation. While we recognize there may be exceptions, we find once is enough. See Strunk v. State, 728 So. 2d 320 (Fla. 5th DCA 1999)(failure to file one monthly report sufficient ground for revocation); Schwartz v. State, 719 So. 2d 965 (Fla. 4th DCA 1998)(same); Burgin v. State, 623 So. 2d 575 (Fla. 1st DCA 1993)(same). But see Carter v. State, — So. 2d -, 24 Fla. L. Weekly D1063, 1999 WL 289215 (Fla. 1st DCA 1999) review granted, 740 So. 2d 528 (Fla.1999)(one report by itself is…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ranzel Davis v. State, 474 So. 2d 1246 (Fla. 4th DCA 1985)
- C.A. Burnette v. Grove Isle Club, Inc., 710 So. 2d 80 (Fla. 3d DCA 1998)
- Donnie Warren v. State, 499 So. 2d 55 (Fla. 4th DCA 1986)