GREGORY RANDALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Gregory Randall appeals the revocation of his community control sentence, arguing the trial court failed to conduct an adequate revocation hearing. The court reversed and remanded, holding that due process requires a proper hearing with evidence supporting each alleged violation and a knowing admission from the defendant.
The court held that due process requires a revocation hearing where evidence is presented to support each alleged violation and satisfies the conscience of the trial court, and that Randall's limited exchange with the trial judge did not constitute a knowing admission to alleged violations. The court reversed and remanded for a new hearing at which the court should inquire whether Randall admits guilt to any violations, afford him opportunity to present his position, and hear evidence substantiating each violation.
[1] Due process requires that a defendant be accorded a hearing before community control may be revoked.
[2] The evidence produced at a community control revocation hearing must be sufficient to satisfy the conscience of the trial court.
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Join FLexlaw to unlock all legal intelligence“Due process requires that a hearing must be accorded to a defendant before a court may revoke community control and the evidence produced at the hearing to support the revocation must be sufficient to satisfy the conscience of the trial court.”
Establishes the fundamental due process requirement for revocation hearings
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Join FLexlaw to unlock all legal intelligenceIn October 1998, Randall's probation officer filed an affidavit alleging multiple violations of community control conditions. At the hearing, Randall'…
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PER CURIAM.
Gregory Randall appeals the judgment and sentence entered following the entry of the order of revocation of Randall’s community control. Because the court did not conduct an adequate revocation hearing, we reverse.
In October 1998, Randall’s probation officer filed an affidavit for violation of community control alleging that Randall had violated numerous conditions of community control. At the start of the hearing on these alleged violations, Randall’s attorney announced that Randall was admitting to two of the violations, and proceeded to explain to the trial judge what can best be described as the circumstances as to why these violations were not willful. Very limited conversation occurred between Randall and the trial court, with nothing in this record approaching a knowing waiver of hearing or a knowing admission to the alleged violations of probation. Thereafter, the trial court revoked Randall’s community control, without specifying which conditions were violated, and sentenced Randall to prison followed by a term of probation. The trial court’s order reflected that Randall violated" condition three, condition nine on five occasions, and one special condition of failing to attend three “NA/AA meetings per week.”
Due process requires that a hearing must be accorded to a defendant before a court may revoke community control and the evidence produced at the hearing to support the revocation must be sufficient to satisfy the conscience of the trial court. See Bernhardt v. State, 288 So. 2d 490, 495 (Fla.1974). Because the State presented no evidence in this case on several of the alleged violations and it cannot be said that Randall ever entered a knowing admission to any of the alleged violations, Randall is entitled to a new hearing. See Leonard v. State, 391 So. 2d 323, 324 (Fla. 2d DCA 1980). At that hearing, the court should inquire of Randall as to whether he admits guilt to any of the violations and should afford him a reasonable opportunity to present his position. Id. at 325. The court should also hear evidence to substantiate each violation.
Reversed and remanded.
PARKER, A.C.J., and WHATLEY and NORTHCUTT, JJ., Concur.
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Balsinger v. State, 974 So. 2d 592 (Fla. 2d DCA 2008)…. Stat. (1997)). Due process requires that the State prove an alleged violation of probation at a hearing or that the defendant enter a knowing admission to a violation before the trial court revokes the defendant’s probation. See Randall v. State, 741 So. 2d 1183, 1184 (Fla. 2d DCA 1999). In Randall this court reversed and remanded for the trial court to conduct an adequate hearing on the revocation of Randall’s community control. 741 So. 2d at 1184. This court described the circumstances in Randall as follo…
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Raylan Johnson v. State, 107 So. 3d 1153 (Fla. 1st DCA 2013)…o record of an admission colloquy having been conducted prior to the trial court’s revoking the defendant’s probation and that, therefore, reversal and remand are required. See Balsinger v. State, 974 So. 2d 592 (Fla. 2d DCA 2008); Randall v. State, 741 So. 2d 1183 (Fla. 2d DCA 1999). Accordingly, we reverse the revocation of the defendant’s probation, vacate the sentence imposed below, and remand for further proceedings. On remand, if the defendant wishes to enter an admission to the violation, the trial co…
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Turner v. State, 261 So. 3d 729 (Fla. 2d DCA 2018)…res that the State prove an alleged community control violation at a hearing or that the defendant enter a knowing admission before the trial court revokes the community control. Balsinger, 974 So. 2d at 593; see, e.g., Randall v. - 10 - State, 741 So. 2d 1183, 1184 (Fla. 2d DCA 1999) (reversing and remanding order revoking defendant's community control due to the constitutionally inadequate revocation hearing "with nothing in this record approaching a knowing waiver of hearing or a knowing admission t…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gideon Bernhardt v. State, 288 So. 2d 490 (Fla. 1974)
- Leonard v. State, 391 So. 2d 323 (Fla. 2d DCA 1980)