TONY MOSLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the revocation of probation, but remand to the trial court for the entry of a written order. See Babb v. State, 720 So. 2d 1168 (Fla. 4th DCA 1998); Bingham v. State, 719 So. 2d 1032 (Fla. 3d DCA 1998). The probation officer’s testimony was sufficient for the trial court to conclude that appellant had changed his residence without his probation officer’s permission. See McPherson v. State, 530 So. 2d 1095 (Fla. 1st DCA 1988); McNealy v. State, 479 So. 2d 138 (Fla. 2d DCA 1985). Cito v. State, 721 So. 2d 1192 (Fla. 2d DCA 1998), relied upon by appellant, is distinguishable. In Cito, the only evidence of the violation was the probation officer’s testimony that the probationer’s mother did not know where he was; there was no evidence, as in this case, that the officer could not make contact with the probationer after-visiting the residence numerous times and leaving several messages which were never answered.
Affirmed and remanded for entry of a written order. KLEIN, GROSS and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Delopa v. State, 251 So. 3d 934 (Fla. 4th DCA 2018)…State presented no additional evidence to support the violation. The probation officer did not testify, for example, that in addition to visiting the residence several times, she called the Defendant and left unanswered messages. Mosley v. State, 735 So. 2d 547, 548 (Fla. 4th DCA 1999). Nor was there any evidence that the Defendant admitted to changing his address. McNealy v. State, 479 So. 2d 138, 139 (Fla. 2d DCA 1985). With only hearsay evidence of the change of address, the State failed to prove the…
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Rekeisha T. Samuels v. State (Fla. 4th DCA 2026)…tion officer instructed her to wait for him there, and on April 24, 2023, the defendant admitted that she was living with a boyfriend at a different address. Accordingly, competent, substantial evidence established Allegation 4. See Mosley v. State, 735 So. 2d 547, 547–48 (Fla. 4th DCA 1999) (finding that the probation officer's testimony was sufficient for the trial court to conclude that appellant had changed his residence without his probation officer's permission where the evidence established that the of…
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Rekeisha T. Samuels v. State (Fla. 4th DCA 2026)…tion officer instructed her to wait for him there, and on April 24, 2023, the defendant admitted that she was living with a boyfriend at a different address. Accordingly, competent, substantial evidence established Allegation 4. See Mosley v. State, 735 So. 2d 547, 547–48 (Fla. 4th DCA 1999) (finding that the probation officer's testimony was sufficient for the trial court to conclude that appellant had changed his residence without his probation officer's permission where the evidence established that the of…
Authorities Cited
- McPHERSON v. State, 530 So. 2d 1095 (Fla. 1st DCA 1988)
- Vito Cito, Jr. v. State, 721 So. 2d 1192 (Fla. 2d DCA 1998)
- McNEALY v. State, 479 So. 2d 138 (Fla. 2d DCA 1985)
- Babb v. State, 720 So. 2d 1168 (Fla. 4th DCA 1998)
- Bingham v. State, 719 So. 2d 1032 (Fla. 3d DCA 1998)
- Ballard v. Conch KEY Cottages OF the Fla. Keys, Inc., 719 So. 2d 1032 (Fla. 3d DCA 1998)