MICHAEL LINDSAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the order revoking appellant’s community control. Whether a defendant has violated probation or community control is a “question of fact for the trial court that will not be overturned on appeal unless there is no evidence supporting that decision.” Marcano v. State, 814 So. 2d 1174, 1176 (Fla. 4th DCA 2002). The trial court did not abuse its discretion in finding appellant in violation. See Davis v. State, 796 So. 2d 1222, 1226 (Fla. 4th DCA 2001). This case is distinguishable from the cases cited by appellant, because appellant failed to link his mental illness to his failure to return to the Foundations program and to comply with his reporting requirements. For example, in Williams v. State, 728 So. 2d 287, 288 (Fla. 2d DCA 1999), the defendant’s psychiatrist confirmed that the defendant’s severe depression left him “crippled,” “immobi lized,” and unable to comply with his probation.
AFFIRMED.
STEVENSON, GROSS and MAY, JJ., concur.
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Jean-Gilles v. State, 921 So. 2d 860 (Fla. 4th DCA 2006)…upport revoking Jean-Gilles’s probation. The reason we decline to accept the state’s position is that the determination of whether a defendant has violated his probation is a question of fact to be determined by a trial court. See Lindsay v. State, 839 So. 2d 829, 829 (Fla. 4th DCA 2003). The factual findings are the basis for the trial court’s determination on this issue. The state has the burden to prove by the greater weight of the evidence that the defendant violated his probation and such violation must…
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Lindsay v. State, 842 So. 2d 1057 (Fla. 4th DCA 2003)…eal is pending from an unrelated rule 3.800(a) motion). On remand, the trial court is directed to consider the merits of Appellant’s motion. WARNER, STEVENSON and HAZOURI, JJ., concur. . This court affirmed on March 5, 2003, see Lindsay v. State, 839 So. 2d 829, (Fla. 4th DCA 2003).…
Authorities Cited
- Williams v. State, 728 So. 2d 287 (Fla. 2d DCA 1999)
- Davis v. State, 796 So. 2d 1222 (Fla. 4th DCA 2001)
- Marcano v. State, 814 So. 2d 1174 (Fla. 4th DCA 2002)