JEROME HILL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2004-12-30
No. 5D03-2180
SHARP, W. and MONACO, JJ., concur.
890 So. 2d 485 Florida District Court of Appeal, Fifth District (2004) Positive Treatment
Cited by 6 cases

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Synopsis

Jerome Hill appeals the revocation of his probation, arguing insufficient evidence and failure to prove willful and substantial violations. The Fifth District Court of Appeal affirmed the trial court's revocation, finding adequate evidence of multiple violations including absences from his approved residence, unauthorized relocation, and two new arrests for resisting arrest.


Holding

The court affirmed the revocation of probation, concluding there was sufficient evidence to support the findings of violations including seven absences from the approved residence, unauthorized relocation, and two new resisting arrest offenses. The trial court did not abuse its discretion in evaluating witness credibility and finding the violations willful and substantial.


Headnotes

[1] An order revoking probation is reviewed for abuse of discretion.

[2] A trial court has broad discretion in determining whether a violation of probation is willful and substantial and supported by the greater weight of the evidence.

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Key Quotes

“The trial court has broad discretion in determining whether there was a willful and substantial violation of a condition of probation and whether the violation is supported by the greater weight of the evidence.”

Establishes the standard of review and deference given to trial courts in probation revocation cases.

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Facts & Procedural History

Hill was on probation with conditions including residing at an approved residence. The trial court found Hill was absent from his approved residence o…

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Opinion of the Court
THOMPSON, J.

THOMPSON, J.

Jerome Hill appeals an order revoking his probation. Hill argues that there was insufficient evidence presented to revoke his community control and that the state failed to show by the greater weight of the evidence that the alleged violations were willful and substantial. We disagree and affirm.

An order revoking probation is reviewed for abuse of discretion. Woodson v. State, 864 So. 2d 512 (Fla. 5th DCA 2004). The trial court has broad discretion in determining whether there was a willful and substantial violation of a condition of probation and whether the violation is supported by the greater weight of the evidence. State v. Carter, 835 So. 2d 259, 262 (Fla.2002). The determination that a violation of probation is willful and substantial will not be overturned on appeal unless the record shows that there is no evidence to support it. Davis v. State, 796 So. 2d 1222 (Fla. 4th DCA 2001).

We conclude that there was sufficient evidence to support the revocation of probation. The trial court found that Hill was not at his approved residence seven times. See Davis v. State, 704 So. 2d 681, 683 (Fla. 1st DCA 1997) (record supported revocation of probation where appellant was absent from residence on six occasions). Additionally, the trial court found that Hill moved from his approved residence without permission. See Perez v. State, 801 So. 2d 1001 (Fla. 4th DCA 2001). Finally, the trial court found that Hill had committed two new substantive offenses of resisting arrest.1

While Hill contends that he gave valid reasons for the violations, it is within a trial court’s discretion to rule on the disputed facts. See Turner v. State, 711 So. 2d 1321 (Fla. 5th DCA 1998) (holding that where the trial court was unconvinced that a medical condition required appellant to violate the terms of order, there was no abuse of discretion in ruling on the disputed facts). In this case, there was a conflict in the testimony between the state’s witnesses and Hill’s witnesses. Thus, the issue was the credibility of the witnesses and that is solely the province of the trial court. As the reviewing court, we are obligated to defer to the findings of the trial court, which is in the best position to evaluate the credibility of witnesses. Riggins v. State, 830 So. 2d 920 (Fla. 4th DCA 2002).

Finding no abuse of discretion, we affirm the revocation of community control.

AFFIRMED.

SHARP, W. and MONACO, JJ., concur. . We cannot agree with Hill’s contention that the circumstances surrounding the charges would have precluded convictions for resisting arrest and that therefore the trial court should not have found violations of probation for resisting arrest. An acquittal in a criminal case does not preclude a judge from finding a probation violation for the same conduct because the burdens of proof in a criminal case is beyond a reasonable doubt, whereas in a probation violation case, it is by a preponderance of the evidence. Morris v. State, 727 So. 2d 975 (Fla. 5th DCA 1999).


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Citator

Cited By

  • Doe v. Uthmeier, 407 So. 3d 1281 (Fla. 5th DCA 2025)
  • Burlew v. State, 905 So. 2d 1035 (Fla. 5th DCA 2005)
    …Because a determination that a violation of [*1036] probation is willful and substantial will not be overturned on appeal unless the record shows that there is no evidence to support it, however, we reject this argument, as well. See Hill v. State, 890 So. 2d 485 (Fla. 5th DCA 2004). See also State v. Meeks, 789 So. 2d 982 (Fla.2001). Here, the record is sufficient. Finally, Burlew maintains that the judge assumed the role of the prosecutor at a hearing on a motion to mitigate sentence, and that he was con…
  • Antinarelli v. State, 268 So. 3d 1002 (Fla. 5th DCA 2019)

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