THOMAS STEVEN SCHAFFER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Karry Kaduk v. State, 959 So. 2d 817 (Fla. 4th DCA 2007)
  …a decision by the trial court on whether he should be allowed to continue on probation for his fourth violation. Probation is a matter of grace. See Matthews v. State, 736 So. 2d 72, 75 (Fla. 4th DCA 1999). As Judge Sharp noted in State v. Watson, 909 So. 2d 942 (Fla. 5th DCA 2005): Whether to modify or continue probation after a violation is a matter our statutes and rules leave up to the discretion of the judge who conducts the violation proceeding. If revoked, appellate courts give the judge’s ruling gr…
• Berchin v. State, 938 So. 2d 659 (Fla. 4th DCA 2006)
  …n was “improper,” stating probation can only be modified when a warrant alleging a violation of probation is filed. However, the circuit court did have the authority and discretion to rule upon the merits of petitioner’s motion. See State v. Watson, 909 So. 2d 942, 945 (Fla. 5th DCA 2005) (stating that probation is a matter of grace and if a trial judge chooses, it can exercise discretion to extend or modify probation following a violation) (citations omitted); State v. M.R.T., 848 So. 2d 467, 467 (Fla. 5th D…
• State v. Walford Folkes, 190 So. 3d 118 (Fla. 4th DCA 2015)
  …Having opted to continue and modify- defendant’s community control in the wake of defendant’s violation, rather than impose a prison sentence, the trial court was not free to alter its judgment so as to enhance the. punishment. See State v. Watson, 909 So. 2d 942, 945 n. 6 (Fla. 5th DCA 2005) (holding certiorari not available to permit State to challenge order modifying, rather than revoking, probation following a violation" (citing State v. Blackman, 488 So. 2d 644 (Fla. 2d DCA 1986))); cf. Garcia-Medina v.…

Authorities Cited

• State v. Harris, 881 So. 2d 1079 (Fla. 2004)
• State v. White, 891 So. 2d 502 (Fla. 2004)