ALVIN MELVIN HARRIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that competent substantial evidence supported the trial court's finding of a willful violation of probation.
Alvin Melvin Harris's probation was revoked for failing to complete the Mentally Disordered Sexual Offender (MDSO) Treatment Program. The issue was wh…
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PER CURIAM.
Alvin Melvin Harris appeals an order revoking his probation. The question presented to the trial court for resolution at the revocation hearing was whether the failure of defendant-appellant Harris to complete the Mentally Disordered Sexual Offender (MDSO) Treatment Program was willful or was involuntary, owing to the defendant’s limited intellectual capabilities. After hearing the testimony of the program director and the treating personnel, the court concluded that a willful violation had been demonstrated.
“On appeal from the trial court’s decision on the issue [revocation of probation], the standard of review is abuse of discretion.” State v. Carter, 835 So. 2d 259, 262 (Fla.2002); Bernhardt v. State, 288 So. 2d 490, 501 (Fla.1974). As part of such review, “there must be evidence in the record to support a finding that any violation was willful and substantial.” Rubio v. State, 824 So. 2d 1020, 1021 (Fla. 5th DCA 2002); see Bernhardt, 288 So. 2d at 501 (concluding that the defendant received “due process ...; the evidence was sufficient to justify revocation; and the trial court did not abuse [its] discretion in revoking probation.”).
We conclude that competent substantial evidence supports the trial court’s finding of a willful violation. That being so, the trial court acted within its discretion in revoking the defendant’s probation. We have carefully considered the defendant’s arguments to the contrary, but are not persuaded thereby.
Affirmed.
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Towns v. State, 259 So. 3d 291 (Fla. 3d DCA 2018)…bation must be both willful and substantial before a defendant's probation may be revoked). We review the trial court's finding of a willful and substantial violation for whether it is supported by competent substantial evidence. Harris v. State, 898 So. 2d 1126 (Fla. 3d DCA 2005); Savage v. State, 120 So. 3d 619 (Fla. 2d DCA 2013). ---PAGE 4--- To allow the court to find Towns willfully and substantially violated his probation by possessing the gun and marijuana, the State was required to prove that T…
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Thompson v. State, 172 So. 3d 527 (Fla. 3d DCA 2015)…europsychologist, sentenced the defendant to fifteen years in prison. The defendant appealed. We review the trial court’s ruling on a revocation of probation for abuse of discretion. State v. Carter, 835 So. 2d 259, 262 (Fla.2002); Harris v. State, 898 So. 2d 1126, 1127 (Fla. 3d DCA 2005). In order for a trial court to revoke a defendant’s probation, the alleged violation of the probation must be both willful and substantial. Lawson v. State, 969 So. 2d 222, 230 (Fla.2007). Here, one of the grounds cited by…
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Duquesne v. State, 242 So. 3d 1183 (Fla. 3d DCA 2018)…. 2d 259, 262 (Fla. 2002); Forbes v. State, 38 So. 3d 232, 233 (Fla. 3d DCA 2010). Further, “[a]s part of such review, ‘there must be evidence in the record to support a finding that any violation was willful and substantial.’” Harris v. State, 898 So. 2d 1126, 1127 (Fla. 3d DCA 2005) (quoting Rubio v. State, 824 So. 2d 1020, 1021 (Fla. 5th DCA 2002)). First, the State has properly conceded that at the probation violation hearing, it failed to introduce any evidence as to the new law offenses allegedly…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gideon Bernhardt v. State, 288 So. 2d 490 (Fla. 1974)
- State v. Carter, 835 So. 2d 259 (Fla. 2002)
- Rubio v. State, 824 So. 2d 1020 (Fla. 5th DCA 2002)