ERNEST EARL CREAMER, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed probation revocation for failure to complete substance abuse program because the trial court imposed no deadline for completion and sufficient time remained in the probationary term to comply.
A trial court must impose a time limit for completing a special condition of probation before revoking probation for failure to complete that condition, and may only revoke if insufficient time remains during the probationary period for compliance.
[1] A trial court must establish a specific time limit for completing a special condition of probation before revoking probation for noncompliance, and may revoke only if the…
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Join FLexlaw to unlock all legal intelligence“Before a trial court may revoke a defendant's probation for failing to complete a special condition of probation, the trial court must impose a time limit for completing the condition.”
Court stating the legal requirement for probation revocation based on incomplete special conditions.
Appellant was placed on probation with a requirement to complete a substance abuse program. The trial court revoked his probation for failure to compl…
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PER CURIAM.
We have before us an appeal from a revocation of probation for Appellant’s failure to complete a substance abuse program. Appellant’s failure to complete the substance abuse program does not support revocation. The order did not provide a deadline for completing the treatment program, and there was sufficient time remaining in Appellant’s probationary term to comply with the order. Gamble v. State, 737 So. 2d 1160 (Fla. 1st DCA 1999); Melecio v. State, 662 So. 2d 408 (Fla. 1st DCA 1995); Green v. State, 620 So. 2d 1126 (Fla. 1st DCA 1993). Before a trial court may revoke a defendant’s probation for faffing to complete a special condition of probation, the trial court must impose a time limit for completing the condition. In addition, a trial court may revoke probation if the defendant has failed to complete the program and insufficient time remains during the probationary period for compliance. Appellant’s probationary term has already expired, making this issue moot. However,. Appellant’s original sentence resulted in no adjudication, so the adjudication which the trial court entered following the revocation of probation must be. reversed. Cherry v. State, 718 So. 2d 294, 295 (Fla. 2d DCA 1998). We therefore REVERSE and REMAND to the trial court to withdraw the order revoking probation and to set aside the adjudication and sentence.
REVERSED and REMANDED.
ERVIN, PADOVANO and THOMAS, . JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Ladon Maurice Green v. State, 620 So. 2d 1126 (Fla. 1st DCA 1993)
- Melecio v. State, 662 So. 2d 408 (Fla. 1st DCA 1995)
- Deloris Cherry v. State, 718 So. 2d 294 (Fla. 2d DCA 1998)
- Gamble v. State, 737 So. 2d 1160 (Fla. 1st DCA 1999)
- Guilford v. State, 737 So. 2d 1160 (Fla. 1st DCA 1999)