SONNY GARCIA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the revocation of Garcia's sex offender probation for intentionally disregarding GPS monitoring rules, finding competent and substantial evidence of willful and substantial violation.
Intentional disregard of GPS monitoring rules constitutes a willful and substantial violation of probation warranting revocation.
[1] Intentional disregard of GPS monitoring rules constitutes a willful and substantial violation of probation, distinguishable from unintentional equipment failures or opera…
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Join FLexlaw to unlock all legal intelligence“intentional disregard of the GPS monitoring rules, tampering with the equipment, or actual violations of curfew or other activity restrictions will generally amount to willful and substantial violations”
Correa v. State standard distinguishing intentional GPS violations from unintentional equipment problems
Garcia was a sex offender on probation for possession of child pornography who violated his GPS monitoring rules.…
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Sonny Garcia appeals the revocation of his sex offender probation for the offense of possession of child pornography and his resulting sentence of forty-eight months in prison. We affirm the revocation of his probation because there was competent, substantial evidence to support the trial court’s finding that Garcia “intentionally] disregarded] ... the GPS monitoring rules,” constituting a willful and substantial violation of probation. Correa v. State, 43 So.3d 738, 745 (Fla. 2d DCA 2010) (noting that “noncompliance with the rules [that] results from equipment problems or the subject’s unintentional failure to operate the equipment properly ... does not rise to the level of a willful and substantial violation of probation” but that “intentional disregard of the GPS monitoring rules, tampering with the equipment, or actual violations of curfew or other activity re*1275strictions will generally amount to willful and substantial violations”); see also State v. Carter, 835 So.2d 259, 262 (Fla.2002) (“The trial court is in a better position to identify the probation violator’s motive, intent, and attitude and assess whether the violation is both willful and substantial.”).
Affirmed.
DAVIS, C.J., and LaROSE, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Douglas v. State (Fla. 2d DCA 2022)…that the trial court correctly concluded that Douglas willfully and substantially violated his probation by failing to comply with conditions pertaining to his GPS monitoring. The State cites to two Second District cases: [Sonny] Garcia v. State, 151 So. 3d 1274 (Fla. 2d DCA 2014), and Soliz, 18 So. 3d 1094. However, neither of those cases are analogous to the case before us. In [Sonny] Garcia, this court affirmed the revocation of sex offender probation for the offense of possession of child pornography.…
Authorities Cited
- State v. Carter, 835 So. 2d 259 (Fla. 2002)
- Rico Correa v. State, 43 So. 3d 738 (Fla. 2d DCA 2010)