BOBBY BEASLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1975-03-07
No. 74-272
CROSS and MAGER, JJ., concur.
310 So. 2d 37 Florida District Court of Appeal, Fourth District (1975) Negative Treatment
Cited by 6 cases

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Holding

The court held that a defendant is not entitled to a jury trial on the issue of identity before probation can be revoked.

Facts & Procedural History

Bobby Beasley's probation was revoked after he was caught committing a burglary while on probation. He appealed, arguing the court erred by refusing t…

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Topics
Right To Jury Trial Probation Revocation

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Opinion of the Court
OWEN, Chief Judge.

OWEN, Chief Judge.

Bobby Beasley, while on probation as a result of a nolo contendere plea to a burglary charge, was caught in the act of committing another burglary. As a consequence, probation was revoked and he was adjudicated and sentenced on the original charge. On appeal from the order revoking probation, he asserts that the court erred in refusing to reserve ruling pending a jury trial on the subsequent burglary offense.

At the revocation hearing appellant had requested only that the trial court reserve ruling pending a jury trial on the subsequent burglary charge. The denial of that request was not error. On this appeal, appellant takes a different tack. He now argues that since there was (or would be at trial) an issue of his identity as the perpetrator of the subsequent burglary, he was entitled to trial by jury on this issue [of identity] before probation could be revoked. In support thereof, he cites the cases of Hooks v. State, Fla.App.1968, 207 So. 2d 459, and State ex rel. Roberts v. Cochran, Fla.1962, 140 So. 2d 597.

This question should be laid to rest. We thought we had done so in the case of Singletary v. State, Fla.App.1974, 290 So. 2d 116, wherein we stated, at 121-2:

“While a trial judge would have authority to use an advisory jury to determine a disputed issue of fact, such as identity, in a revocation hearing and the use of a jury in a revocation hearing has been discussed in dicta in State v. Cochran, 140 So. 2d 597 (Fla.1962) and Hooks v. State, 207 So. 2d 459 (2 DCA Fla.1968), no provision of constitution, statute or court rule requires it and the trial judge did not err in denying the appellant’s motion for a jury trial on the issue of identity.”

The order appealed is affirmed.

CROSS and MAGER, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Heath v. State, 310 So. 2d 38 (Fla. 4th DCA 1975)
    …t’s first point is that he was entitled to a jury trial on the issue of identity as the perpetrator of the alleged criminal act, i. e., armed robbery. There is no merit to this point. See Beasley v. State of Florida, Fourth District Court of Appeal, 310 So. 2d 37, opinion filed March 7, 1975; Singletary v. State, Fla.App.1974, 290 So. 2d 116. Appellant’s second point is that the court erred in permitting the state to call appellant as a witness over his objection. It is apparent from the record that in over…
  • Morgan v. State, 352 So. 2d 161 (Fla. 2d DCA 1977)
    …son who committed the act for which his probation was sought to be revoked. Subsequent to our opinion in Hooks, two other district courts of appeal have squarely rejected our view. Bonds v. State, 318 So. 2d 521 (Fla.3d DCA 1975); Beasley v. State, 310 So. 2d 37 (Fla.4th DCA 1975); Singletary v. State, 290 So. 2d 116 (Fla.4th DCA 1974). We now believe it advisable to re-evaluate our position. At the outset we note that there is very little legal support for the proposition that the defendant is entitled to…
  • Morgan v. Louie L. Wainwright, 676 F.2d 476 (11th Cir. 1982)
    …ida. Bonds v. State, 318 So. 2d 521, 522 (Fla.Dist.Ct.App. 1975); Heath v. State, 310 So. 2d 38, 39 (Fla.Dist.Ct.App.1975), rev’d on other grounds, 343 So. 2d 13 (Fla.1977), cert. denied, 434 U.S. 893, 98 S.Ct. 269, 54 L.Ed.2d 179; Beasley v. State, 310 So. 2d 37, 38 (Fla.Dist.Ct.App.1975); Singletary v. State, 290 So. 2d 116, 121-22 (Fla.Dist.Ct.App.), cert. dismissed, 293 So. 2d 361 (1974). Singletary allowed that “a trial judge would have authority to use an advisory jury to determine a disputed issue of…

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