RUSSELL A. BLUE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Russell Blue appeals the revocation of his probation following his release from prison pursuant to this court's prior decision vacating his original revocation. The court holds that Blue cannot be found to have willfully violated probation conditions when he was unaware he was on probation due to lack of notice of his reinstatement.
Blue cannot be found to have willfully violated probation conditions when he was unaware he was on probation. Accordingly, the order revoking probation and the sentence imposed are reversed, and Blue is to be reinstated to his original term of probation.
[1] A defendant cannot willfully violate a condition of probation if the defendant is unaware that they are on probation.
[2] An order revoking probation is improper when based on a violation of a condition that was added without a hearing and without representation of counsel.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We agree that Blue could not have willfully violated a condition of a probation when he was unaware that he was on probation.”
Establishes the core holding that willful violation requires knowledge of probation status
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIn a prior appeal, this court vacated Blue's probation revocation order due to trial court error in revoking probation for violation of a condition ad…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Willful And Substantial Violation Of Probation cases and more on FLexlaw
PER CURIAM.
Russell A. Blue (Blue) seeks review of an order revoking his probation and sentencing him to prison. In an earlier appeal in this same case, Blue was successful in setting aside a judgment, sentence, and order revoking probation. This court, in Blue v. State, 702 So. 2d 638 (Fla. 1st DCA 1997), said:
The trial court erred by revoking appellant’s probation for violation of a condition which was added without a hearing and without representation of counsel.
The order of modification entered on May 3, 1996, is VACATED. The order of revocation of probation entered on November 19, 1996, nunc pro tunc November 4, 1996, is also VACATED. The judgment and sentence entered on November 4,1996, are REVERSED.
Blue, 702 So. 2d at 638 (citations omitted). The trial court, in response to Blue, entered an ex parte order on January 23, 1998, directing that Blue be released from prison instanter and returned to probation. Blue was promptly released from prison and did not receive notice of entry of the order reinstating him to probation.
Blue committed a new offense within thirty days after his release from prison. The record of the probation revocation hearing indicates that Blue, once he was released from prison, reported to a probation officer who told him that there was no record of his probationary status. Blue testified that he was led to believe that he was not on probation. The probation officer testified at the revocation hearing and corroborated Blue’s testimony. The trial court, reasoning that the mandate from this court issued in Blue automatically reinstated the prior order of probation, revoked Blue’s probation and sentenced him to eight years in prison with credit for time served. Blue argues that he could not have willfully violated his probation when he did not know that he was serving a probationary term. We agree that Blue could not have willfully violated a condition of a probation when he was unaware that he was on probation. Accordingly, we reverse both the order revoking probation and the judgment and sentence entered by the trial court, and remand with instructions to reinstate Blue to his original term of probation.
REVERSED and REMANDED with instructions.
JOANOS, LAWRENCE and VAN NORTWICK, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Harris v. State, 821 So. 2d 1249 (Fla. 1st DCA 2002)…e is no record evidence to support the trial court’s finding that this violation was willful and substantial, we reverse and remand for the trial court to vacate appellant’s sentences and reinstate community control and probation. See Blue v. State, 744 So. 2d 543 (Fla. 1st DCA 1999); Robinson v. State, 744 So. 2d 1188 (Fla. 2d DCA 1999). REVERSED and REMANDED with directions. DAVIS and LEWIS, JJ., concur; PADOVANO, J., dissents with written opinion.…
-
Jenkins v. State, 963 So. 2d 311 (Fla. 4th DCA 2007)…unless the record shows that there is no evidence to support it.” Davis v. State, 796 So. 2d 1222, 1225 (Fla. 4th DCA 2001). A probationer cannot be found in willful violation of probation if he does not know he was on probation. In Blue v. State, 744 So. 2d 543 (Fla. 1st DCA 1999), Blue was released from prison but was never notified that he was on probation. He reported to a probation officer who told him he could find no record of his probationary status. When he subsequently committed a new offense, the…
Authorities Cited
- Willis v. State, 702 So. 2d 638 (Fla. 1st DCA 1997)