HOWARD BERRY, PETITIONER,

v.

CASTRO FARMS ET AL., RESPONDENTS

Citator

Cited By (43 total)

• Lambert v. State, 545 So. 2d 838 (Fla. 1989)
  …hat decision. It is an established principle of law in this state that a trial judge in a probation violation hearing may use evidence of criminal conduct separate from a criminal conviction to establish a violation of probation. See Russ v. State, 313 So. 2d 758 (Fla.), cert. denied, 423 U.S. 924, 96 S.Ct. 267, 46 L.Ed.2d 250 (1975); see also Maselli v. State, 446 So. 2d 1079 (Fla.1984). In my view, there is no justifiable reason why that same criminal conduct should not also be utilized to justify a depart…
• Morris v. State, 727 So. 2d 975 (Fla. 5th DCA 1999)
  …arising out of this incident. That, however, is not determinative in this case. An acquittal in a criminal ease does not preclude the judge from determining that a parole or probation violation has occurred based on the same conduct. Russ v. State, 313 So. 2d 758 (Fla.), cert. denied, 423 U.S. 924, 96 S.Ct. 267, 46 L.Ed.2d 250 (1975); State v. Green, 667 So. 2d 959 (Fla. 2d DCA 1996); Cavalcante v. Florida Parole and Probation Commission, 414 So. 2d 658 (Fla. 1st DCA 1982). This is because a criminal case mu…
• Christian v. State, 84 So. 3d 437 (Fla. 5th DCA 2012)
  …iminal conduct may be established in a violation of probation hearing (as a basis for revoking probation) by a preponderance of the evidence, even where the defendant is acquitted of new charges based upon the same conduct. See, e.g., Russ v. State, 313 So. 2d 758 (Fla.), cert. denied, 423 U.S. 924, 96 S.Ct. 267, 46 L.Ed.2d 250 (1975). We have never imposed a requirement that the state independently prosecute new criminal charges in order to allege the conduct as a violation of probation. See, e.g., State v.…