ALVIN HARDY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the revocation of probation was improper because the State failed to present evidence of a violation for one condition and the other condition was not violated as written.
Alvin Hardy challenged the revocation of his drug offender probation based on alleged violations of two conditions. One alleged violation stemmed from…
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THREADGILL, EDWARD F., Senior Judge.
Alvin Hardy challenges the revocation of the drug offender probation he was serving in two circuit court cases. We reverse.
In its revocation order the trial court found that Hardy had violated conditions five (remaining at liberty without violating the law) and thirteen (completion of drug treatment program) of his probation.
The alleged violation of condition five stemmed from a domestic violence battery charge against Hardy. However, at the revocation hearing, the State announced that it was proceeding to trial on that charge and that it would not proceed on the alleged violation of that condition. Because the State did not present any evidence as to a violation of this condition, we must reverse the revocation order as to condition five. See Hightower v. State, 529 So. 2d 726, 726 (Fla. 2d DCA 1988) (“A violation which triggers a revocation of probation must be willful and substantial and the willful and substantial nature of the violation must be supported by the greater weight of the evidence.”).
Additionally, condition thirteen required that Hardy complete the Goodwill Intensive Outpatient Treatment program but did not place a time limit on the completion of the program. Because there remained time in Hardy’s probationary period to satisfy the treatment requirement, Hardy’s unsuccessful discharge from the program only eight months into his thirty-month probationary term did not violate the condition. See Williams v. State, 839 So. 2d 926 (Fla. 2d DCA 2003).
Accordingly, we reverse the revocation and vacate the sentence.
Reversed and remanded.
CASANUEVA and VILLANTI, JJ„ Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hightower v. State, 529 So. 2d 726 (Fla. 2d DCA 1988)
- Cleveland Williams v. State, 839 So. 2d 926 (Fla. 2d DCA 2003)