ROY BLAND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2005-03-04
No. 1D04-2791
VAN NORTWICK and POLSTON, JJ., concur.
896 So. 2d 937 Florida District Court of Appeal, First District (2005) Positive Treatment
Cited by 2 cases

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Synopsis

Roy Bland appeals the revocation of his probation following a conviction for possession of controlled substances. The court affirmed the trial court's finding that Bland willfully and substantially violated a probation condition prohibiting association with persons engaged in criminal activity, based on evidence that he rented a motel room where drug paraphernalia and controlled substances were found in the presence of other occupants.


Holding

The trial court did not abuse its discretion. The record contains substantial evidence supporting the finding of willful and substantial violation based on Bland's association with persons engaged in criminal activity in the motel room, and a single incident of such association is sufficient to justify probation revocation when supported by competent testimony and the greater weight of the evidence.


Headnotes

[1] A trial court has broad discretion to determine whether a probationer has willfully and substantially violated a condition of probation.

[2] Probation revocation orders are reviewed for abuse of discretion.

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Key Quotes

“For probation to be revoked because of a violation of a condition, the state must show a willful violation supported by a preponderance of the evidence.”

Establishes the evidentiary standard required for probation revocation

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Facts & Procedural History

On August 21, 2001, Bland was placed on three years of concurrent probation with a suspended five-year prison sentence for possession of controlled su…

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Opinion of the Court
THOMAS, J.

THOMAS, J.

We have before us for review an Order of Revocation of Probation. Appellant challenges the revocation of his probation, arguing that the trial court abused its discretion by finding that Appellant willfully and substantially violated his probation. Because the record includes substantial evidence to support the trial court’s finding, we affirm. Appellant was found in violation of a condition of probation. On August 21, 2001, Appellant was placed on three years of concurrent probation with concurrent sentences of five years in state prison suspended as a result of his conviction for possession of controlled substances. A condition of his probation required him not to “associate with any person engaged in criminal activity.”

Testimony submitted at trial by two police officers alleged that on February 28, 2004, the officers responded to a call regarding narcotics activity at a motel. The officers conducted a search of the motel room that revealed rolling papers, marijuana, a container with cocaine residue, and a scale with cocaine residue. A crack pipe was also found in the bathroom where Appellant was when the first officer arrived. At the time of the search, two females and one male occupied the room with Appellant. The two females admitted to ownership of the paraphernalia and were arrested. Appellant admitted the hotel room was rented in his name, but denied any knowledge of illegal activity taking place.

Appellant argues that the record is devoid of evidence showing that he willfully associated with persons engaged in criminal activity. For probation to be revoked because of a violation of a condition, the state must show a willful violation supported by a preponderance of the evidence. Cowart v. State, 754 So. 2d 813, 814 (Fla. 1st DCA 2000). The trial court “has broad discretion to determine whether there has been a willful and substantial violation of a term of probation and whether such a violation has been demonstrated by the greater weight of the evidence.” State v. Carter, 835 So. 2d 259, 262 (Fla.2002); see also Burgin v. State, 623 So. 2d 575, 576 (Fla. 1st DCA 1993) (“A trial court is vested with broad discretion in determining whether a probationer has violated a condition of the probation.”). Probation revocation orders are reviewed only for abuse of discretion. Van Wagner v. State, 677 So. 2d 314, 317 (Fla. 1st DCA 1996). This is because the trial court can better determine the “probation violator’s motive, intent, and attitude and assess whether the violation is both willful and substantial.” Carter, 835 So. 2d 262. Indeed, while Appellant has the right to be heard, the trial court is free to disbelieve his testimony.

The trial court did not abuse its discretion. Its conclusion was based on competent testimony presented at trial. Indeed, Appellant’s single incident of associating with persons engaged in criminal activity is enough to amount to a willful and substantial violation. See State v. Carter, 835 So. 2d 259 (Fla.2002) (finding the failure to file a single monthly report may justify a probation revocation if such failure is willful and substantial and supported by the greater weight of the evidence).

We therefore affirm the trial court’s Order of Revocation of Probation.

AFFIRMED.

VAN NORTWICK and POLSTON, JJ., concur.


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Citator

Cited By

  • Holmes v. State, 988 So. 2d 1252 (Fla. 5th DCA 2008)
    …iate” is defined in Webster’s New Collegiate Dictionary, p. 67 (1980 ed.) as follows: “to join as a partner, friend or companion; to keep company with; to join or connect together; to bring together in any of various ways.” Thus, in Bland v. State, 896 So. 2d 937 (Fla. 1st DCA 2005), the First District held that the evidence that the probationer willfully associated with persons engaged in criminal activity was sufficient to support revocation of his probation. The evidence in Bland reflected that the defend…

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