BOBBY JEROME CARTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2009-06-24
No. 4D08-2877
Warner, J., Gross, C.J., Ciklin, J.
11 So. 3d 1001 Florida District Court of Appeal, Fourth District (2009)

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Synopsis

The court affirmed the revocation of a registered sex offender's probation for violating a condition prohibiting unsupervised contact with minors, but remanded for entry of a written order specifying the violated conditions.


Holding

A probation violation is affirmed when evidence supports the trial court's finding that the offender willfully and substantially violated a condition prohibiting contact with minors without an approved adult supervisor.


Headnotes

[1] A probation condition prohibiting a registered sex offender from contact with minors without an approved adult supervisor is violated when the offender is found in the pr…

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Key Quotes

“The determination of whether a violation of probation is willful and substantial is a question of fact and will not be overturned on appeal unless the record shows that there is no evidence to support it.”

Standard of review for probation violation findings, citing Riggins v. State, 830 So. 2d 920, 921 (Fla. 4th DCA 2002).

Facts & Procedural History

Carter, a registered sex offender, was placed on probation with a condition prohibiting contact with minors without an approved adult present. A proba…

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Opinion of the Court
WARNER, J.

WARNER, J.

We affirm the trial court’s revocation of appellant’s probation and sentence to thirty months in prison following a violation of probation hearing. A condition of the probation of the appellant, a registered sex offender, prohibited contact with minors without the presence of an adult who had been advised of appellant’s crime and was approved by the sentencing court. Appellant’s probation officer found him in the presence of his girlfriend’s minor children upon inspection of his residence, and the girlfriend had not been approved for supervision by the sentencing court. “The determination of whether a violation of probation is willful and substantial is a question of fact and will not be overturned *1002on appeal unless the record shows that there is no evidence to support it.” Riggins v. State, 830 So.2d 920, 921 (Fla. 4th DCA 2002). As there was evidence to support the trial court’s conclusion, we affirm.

We remand, however, for the court to enter a written order listing the specific conditions which were violated. See Turner v. State, 963 So.2d 286 (Fla. 4th DCA 2007); Peterson v. State, 962 So.2d 367 (Fla. 4th DCA 2007); Watts v. State, 688 So.2d 1018 (Fla. 4th DCA 1997).

GROSS, C.J., and CIKLIN, J„ concur.


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