NADINE THOMAS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the appellant failed to demonstrate reversible error in the revocation of her probation.
Appellant pleaded guilty to tampering with a witness, was placed on probation, and subsequently had her probation revoked based on a guilty plea to di…
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PER CURIAM.
Appellant was charged by information with tampering with a witness. She pleaded not guilty but later withdrew the plea and entered a plea of guilty. The trial court adjudicated her guilty, withheld sentence, and ordered that appellant be placed on probation for a period of one (1) year. Soon thereafter an affidavit of violation of probation was filed. Upon hearing on the alleged violations, the trial court revoked the probation and sentenced the appellant to five (5) years in prison.
Appellant argues in this appeal that the trial court erred in revoking the term of probation previously imposed upon appellant because the revocation was based solely upon a plea of guilty entered in municipal court to a charge of disorderly conduct; that the judgment of guilt was not introduced into evidence and the document introduced was insufficient to prove that a valid judgment of guilt was entered, and that the facts of the alleged offense, as adduced at the hearings, were insufficient to prove the appellant did in fact commit the alleged offense.
We have carefully considered appellant’s contentions in the light of the record on appeal, briefs and argument of counsel and have concluded that appellant has failed to demonstrate reversible error. State ex rel. Roberts v. Cochran, 140 So. 2d 597 (Fla.1962); Bernhardt v. State, 288 So. 2d 490 (Fla.1974); Singletary v. State, 290 So. 2d 116 (Fla.4th DCA 1974); and Ivey v. State, 308 So. 2d 565 (Fla.2nd DCA 1975).
Affirmed.
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Udell Shirley Stevens, Jr. v. State, 409 So. 2d 1051 (Fla. 1982)…in at liberty with [*1052] out violating any law.” A formal conviction of a crime is not essential, Holt v. State, 385 So. 2d 1133 (Fla. 5th DCA 1980), and even a plea of guilty to a subsequent criminal act has been held sufficient. Thomas v. State, 350 So. 2d 568 (Fla. 3d DCA 1977). Since a judgment of conviction is presumed to be correct until reversed, the better and general rule is that a revocation of probation for a subsequent conviction is proper although the conviction is subject to appeal. Of course,…
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Dearing v. State, 388 So. 2d 296 (Fla. 3d DCA 1980)…ion. It is, of course, conceded that probation may be revoked [*298] solely on the basis of a conviction for criminal conduct which occurred during the probationary term. E. g., Franklin v. State, 356 So. 2d 1352 (Fla. 2d DCA 1978); Thomas v. State, 350 So. 2d 568 (Fla. 3d DCA 1977). Dearing contends, however, that there was no such showing below. We disagree. The Texas federal indictment alleged a conspiracy continuing between 1975 and November 14, 1977. One of the overt acts in furtherance of the conspiracy…
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Udell Shirley Stevens, Jr. v. State, 397 So. 2d 398 (Fla. 5th DCA 1981)…and remain at liberty without violating any law.” A formal conviction of a.crime is not essential, Holt v. State, 385 So. 2d 1133 (Fla. 5th DCA 1980), and even a plea of guilty to a subsequent criminal act has been held sufficient. Thomas v. State, 350 So. 2d 568 (Fla.3d DCA 1977). Since a judgment of conviction is presumed to be correct until, reversed, the better and general rule2 is that a revocation of probation for a subsequent conviction is proper although the conviction is subject to appeal. Of course…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gideon Bernhardt v. State, 288 So. 2d 490 (Fla. 1974)
- State ex rel. Lewis Roberts v. Cochran, 140 So. 2d 597 (Fla. 1962)
- Singletary v. State, 290 So. 2d 116 (Fla. 4th DCA 1974)
- Ivey v. State, 308 So. 2d 565 (Fla. 2d DCA 1975)