NED POOLE, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (13 total)

• Selig v. State, 112 So. 3d 746 (Fla. 2d DCA 2013)
  …s failure to comply with a probation condition is not willful where his conduct shows a reasonable, good faith attempt to comply[ ] and factors beyond his control, rather than a deliberate act of misconduct, caused his noncompliance.” Soto v. State, 727 So. 2d 1044, 1046 (Fla. 2d DCA 1999). In Soto, the probationer “testified that when he arrived in California, he found himself in the no-win situation of having to choose between [*750] violating his probation by staying in the approved residence with the child…
• Nanivette Rodriguez v. State, 768 So. 2d 1234 (Fla. 5th DCA 2000)
  …a day, and studied for the GED on her own from a book. A condition of probation that requires a person to do something that is beyond their control or ability is an illegal condition and its violation is not a violation of probation. Soto v. State, 727 So. 2d 1044 (Fla. 2d DCA 1999); Trapp v. State, 711 So .2d 138 (Fla. 4th DCA 1998); Brown v. State, 666 So. 2d 240 (Fla. 5th DCA 1996); Armstrong v. State, 620 So. 2d 1120 (Fla. 5th DCA 1993). We agree with Rodriguez that the court’s order giving alternatives t…
• Headley v. State, 770 So. 2d 1244 (Fla. 1st DCA 2000)
  …m the conviction entered by the trial court. The trial court based the conviction for violation of probation solely on hearsay testimony. Ordinarily, hearsay testimony, by itself, is legally insufficient to support such a finding. See Soto v. State, 727 So. 2d 1044, 1046 (Fla. 2d DCA 1999). However, because defense counsel failed to object to the introduction of that testimony or present any argument whatsoever to the trial court challenging the sufficiency of the hearsay testimony, the issue was not preserved…

Authorities Cited

• Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
• Robinson v. State, 373 So. 2d 898 (Fla. 1979)