MICHAEL MARTINEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MICHAEL MARTINEZ, APPELLANT,
STATE OF FLORIDA, APPELLEE
828 So. 2d 1066
Florida District Court of Appeal, Second District (2002)
Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.
We affirm the order revoking Michael Martinez’s probation. But the written order does not conform to the circuit court’s oral announcement of the conditions violated. At the revocation hearing, the court found that Martinez violated condition N, which required him to perform community service work. The written order of revocation also states that he violated conditions 9, J and L. We remand with directions that the order be corrected to reflect that the violation was based solely on condition N. See Boggs v. State, 557 So. 2d 203 (Fla. 2d DCA 1990).
ALTENBERND, NORTHCUTT, and CASANUEVA, JJ., Concur.
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Parker v. State, 843 So. 2d 871 (Fla. 2003)…sions, our repeated reference to the “greater weight of the evidence” and "willful and substantial” standards in Carter is consistent with the bulk of recent precedent in the district courts reviewing probation revocations. See also Tobias v. State, 828 So. 2d 1066, 1068 (Fla. 4th DCA 2002); Lane v. State, 761 So. 2d 476, 477 (Fla. 3d DCA 2000); Thomas v. State, 760 So. 2d 1138, 1139 (Fla. 5th DCA 2000). These standards are more reliable gauges both for the trial court’s determination and appellate review than…
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Karry Kaduk v. State, 959 So. 2d 817 (Fla. 4th DCA 2007)…h DCA 2002). “For a violation of a condition of probation to trigger a revocation, the violation must be willful and substantial, and the state must prove it by the greater weight of the evidence.” Myers, 931 So. 2d at 1071 (quoting Tobias v. State, 828 So. 2d 1066, 1068 (Fla. 4th DCA 2002)). A trial court has broad discretion in determining [*820] whether a violation of probation is willful and substantial. See State v. Carter, 835 So. 2d 259, 262 (Fla.2002). Kaduk argues that leaving his residence because o…
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Latasia Webb v. State, 154 So. 3d 1186 (Fla. 4th DCA 2015)…ate, 941 So. 2d 1252, 1253 (Fla. 1st DCA 2006). “For a violation of a condition of probation to trigger a revocation, the violation must be willful and substantial, and the state must prove it by the greater weight of the evidence.” Tobias v. State, 828 So. 2d 1066, 1068 (Fla. 4th DCA 2002). Proof sufficient for a criminal conviction is not required. See Stevens v. State, 409 So. 2d 1051, 1052 (Fla.1982). Rather, “[t]he proper standard .:. is whether a preponderance of the evidence establishes that the probati…
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- Lavaughn Boggs v. State, 557 So. 2d 203 (Fla. 2d DCA 1990)
- Johnson v. State, 557 So. 2d 203 (Fla. 5th DCA 1990)