DAVID BONDS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1975-09-16
No. 74-1207
Before PEARSON, HAVERFIELD and NATHAN, JJ.
318 So. 2d 521 Florida District Court of Appeal, Third District (1975) Negative Treatment
Cited by 4 cases
Topics
Identification Evidence Probation Revocation Abuse Of Discretion (Standard Of Review) Abuse Of Discretion

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Opinion of the Court
PER CURIAM.

PER CURIAM.

From an order revoking probation, this appeal was taken. While on probation, appellant was arrested on a charge of assault with intent to commit robbery. In the proceedings upon this charge, appellant successfully moved to suppress the victim’s identification of him to a police officer. He thereupon moved for a jury trial as to the issue of identification in his probation violation hearing. The motion was denied and probation revoked upon the clear identification of the appellant as the person who committed the assault.

Appellant argues that the trial court abused its discretion by failing to impanel a jury for an advisory opinion on the issue of his identity as the perpetrator of the crime for the purpose of determining whether his parole was, in fact, violated. We find no abuse of discretion. See Singletary v. State, Fla.App.1974, 290 So. 2d 116 and Heath v. State, Fla.App.1975, 310 So. 2d 38.

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Morgan v. State, 352 So. 2d 161 (Fla. 2d DCA 1977)
    …a jury trial on the issue of his identity as the person 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 fo…
  • Morgan v. Louie L. Wainwright, 676 F.2d 476 (11th Cir. 1982)
    …a probationer was not entitled to a jury trial. Morgan v. State, 352 So. 2d 161, 162 (Fla.Dist.Ct.App.1977). The cases decided in the period between Morgan and Hooks uniformly have held that no such right to a jury exists in Florida. 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.…

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