DONALD E. FIELDS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Donald Fields appeals the revocation of his probation for a 1997 conviction of leaving the scene of an accident. The court affirmed the probation revocation but reversed and remanded because the trial court imposed an illegal sentence exceeding the statutory maximum when time served on probation was credited.
The court affirmed the probation revocation as Fields' failure to complete the residential program due to his rule violations was substantial and willful. However, the court reversed because when time served on probation (8 months 16 days) was credited to the new sentence, the total (66 months 16 days) exceeded the sentencing guidelines maximum of 64.5 months, rendering the sentence illegal.
[1] A probation violation must be willful and substantial to warrant revocation.
[2] The State bears the burden of proving by the greater weight of the evidence that a probation violation is willful and substantial.
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Join FLexlaw to unlock all legal intelligence“In order to support revocation of probation based on a violation of a condition of probation, the State must prove that the violation was substantial and willful.”
Establishes the standard the State must meet to revoke probation for violation of conditions
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Join FLexlaw to unlock all legal intelligenceFields entered a no contest plea in 1997 to leaving the scene of an accident involving injury, a third-degree felony. He was placed on probation but f…
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PARKER, Chief Judge.
Donald E. Fields appeals the trial court’s final order revoking his probation. The probation resulted from a 1997 no contest plea to leaving the scene of an accident involving injury, a third-degree felony. We affirm the revocation of Fields’ probation, but reverse because the trial court imposed an illegal sentence.
Fields argues that his violation of probation was not willful or substantial; however, we disagree. In order to support revocation of probation based on a violation of a condition of probation, the State must prove that the violation was substantial and willful. See McCumber v. State, 682 So. 2d 1214, 1216 (Fla. 2d DCA 1996).
Furthermore, when the trial court revokes probation based on the defendant’s failure to complete a program, this court has required that the State prove that the defendant’s failure to complete the program was the defendant’s fault. See Molina v. State, 520 So. 2d 320, 321 (Fla. 2d DCA 1988).
The record in this case supports that Fields failed to complete the ACTS Residential Treatment Program because he failed to follow the rules of the program which caused his discharge from the program.
Accordingly, his failure to complete the residential program justifies the revocation of probation.
Fields correctly argues that the trial court erred by failing to credit him with eight months and sixteen days that he served on probation before the trial court revoked his probation. See Francois v. State, 695 So. 2d 695, 697 (Fla.1997) (credit must be given for any time previously served on probation if the new period of probation and other sanctions plus the time previously served on probation exceeds the statutory maximum for the underlying offense).
Upon revocation, the trial court imposed a new sentence of 3.2 years plus 1.6 years of probation, for a total sentence of 4.8 years. When the credit for time served on probation is added to this sentence, the total is 66 months and 16 days. The maximum sentence under the sentencing guidelines which the trial court could impose was 64.5 months.1 Therefore, the trial court exceeded the guidelines and imposed an illegal sentence.
Accordingly, we remand to the trial court for resentencing within the guidelines.
Finally, Fields argues, and the State concedes, that the trial court erred by failing to render an order setting forth the specific conditions, of probation that Fields violated. See Remich v. State, 696 So. 2d 1270, 1271 (Fla. 2d DCA 1997). Accordingly, upon remand, we direct the trial court to enter a proper order setting forth the specific conditions that Fields .violated.
Affirmed in part; reversed and remanded for resentencing.
THREADGILL and STRINGER, JJ., Concur. . Fields' argument that the trial court could not use the 25% discretionary range in determining his sentence i$ without merit. See Mays v. State, 717 So. 2d 515 (Fla.1998).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Rothery v. State, 757 So. 2d 1256 (Fla. 5th DCA 2000)…fore a trial court may revoke probation, the state must prove, by a preponderance of evidence, that the defendant willfully violated a substantial condition of his probation. Strunk v. State, 728 So. 2d 320, 321 (Fla. 5th DCA 1999); Fields v. State, 737 So. 2d 1156 (Fla. 2d DCA 1999); Crume v. State, 703 So. 2d 1216, 1217 (Fla. 5th DCA 1997). Prior to violating a condition of probation, a defendant must have notice of the condition. All defendants are on constructive notice of the general conditions 1 through…
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Ingold v. State, 746 So. 2d 495 (Fla. 2d DCA 1999)…rt’s finding did not rise to the level required to justify the revocation of In-gold’s probation. Probation may be revoked only if the probationer has willfully and substantially violated a specific condition of his probation. See Fields v. State, 737 So. 2d 1156 (Fla. 2d DCA 1999); Hightower v. State, 529 So. 2d 726, 727 (Fla. 2d DCA 1988). Here, the evidence of Ingold’s technical violations reflected a less-than-assiduous attention to some of his probation obligations. But we agree with the circuit court’s…
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Padelt v. State, 793 So. 2d 30 (Fla. 2d DCA 2001)…ng ensued. The circuit court revoked his community control and sentenced him to 40.5 months in prison. Probation may be revoked only if the probationer has willfully and substantially violated a specific condition of his probation. Fields v. State, 737 So. 2d 1156 (Fla. 2d DCA 1999). Violations of probation conditions must be proved by the greater weight of the evidence. Wagland v. State, 705 So. 2d 1016 (Fla. 2d DCA 1998). When the trial court revokes probation based on the defendant’s failure to complete a…1 / 2
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mays v. State, 717 So. 2d 515 (Fla. 1998)
- Francois v. State, 695 So. 2d 695 (Fla. 1997)
- Piper v. State, 520 So. 2d 320 (Fla. 2d DCA 1988)
- Molina v. State, 520 So. 2d 320 (Fla. 2d DCA 1988)
- Remich v. State, 696 So. 2d 1270 (Fla. 2d DCA 1997)
- McCUMBER v. State, 682 So. 2d 1214 (Fla. 2d DCA 1996)