JOHNNY LEE FISHER, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Appellant, Johnny Lee Fisher, Jr., appeals the trial court’s judgment revoking his community control. Fisher asserts that he did not substantially violate the conditions of his community control order. We find no error and affirm.
The record before this court contains substantial evidence of Fisher’s violations. His claim that he “made every effort to comply with the conditions of his community control, but was met with obstacles that would impede any of us” is insufficient to constitute a legal defense. Fisher failed to remain confined to his residence as required and failed to report to his community control officer as ordered. Both failures on Fisher’s part constituted willful and substantial violations of his community control order. See Lopez v. State, 722 So. 2d 936, 937 (Fla. 4th DCA 1998).
AFFIRMED.
PETERSON and GRIFFIN, JJ., concur.
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Ashley v. State, 925 So. 2d 1117 (Fla. 5th DCA 2006)…t maintain a residence, that the defendant notify his or her probation officer of the address, and that the defendant remain at that location and allow supervisory visits in the home. See § 948.101(a)(2), Fla. Stat. (2004); see also Fisher v. State, 778 So. 2d 437 (Fla. 5th DCA 2001) (holding that a willful and substantial violation of community control occurred when defendant failed to remain confined to his residence). I also note that living on the premises is a significant factor in other statutory conte…
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Jackson v. State, 914 So. 2d 472 (Fla. 5th DCA 2005)…PER CURIAM. AFFIRMED. See Fisher v. State, 778 So. 2d 437 (Fla. 5th DCA 2001); Turner v. State, 711 So. 2d 1321 (Fla. 5th DCA 1998). PLEUS, C.J., SHARP, W„ and PETERSON, JJ., concur.…
Authorities Cited
- Lopez v. State, 722 So. 2d 936 (Fla. 4th DCA 1998)