Bell v. State, 92-4315
| Decision Date | 11 October 1994 |
| Docket Number | No. 92-4315,92-4315 |
| Citation | 643 So.2d 674 |
| Parties | 19 Fla. L. Weekly D2173 Carl Edward BELL, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Robert L. Corse of Corse & Bell, Jacksonville, for appellant.
Robert A. Butterworth, Atty. Gen., and Sonya Roebuck Horbelt, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, for appellee.
This cause is before us on appeal from an order revoking Bell's probation for violating certain conditions thereof. Bell was arrested for sexual battery on April 16, 1990, and subsequently charged by information with two counts of sexual battery on May 3, 1990. On August 6, 1990, Bell entered a negotiated plea of guilty to the lesser-included offense "as a convenience" because he did not think he could win a jury trial, specifically crossing out the preprinted words "I am guilty" and writing in "it is in my best interest" in explanation thereof. The court adjudicated Bell guilty and sentenced him to two years' incarceration, followed by two years' probation, subject to the following conditions relevant to this appeal:
(8) You will promptly and truthfully answer all inquiries directed to you by the Court or the Probation Officer and will allow the Officer to visit in your home at your employment site or elsewhere, and will comply with all instruction he may give you.
....
(13) You shall submit to Psychosexual counseling as directed by your Probation Officer.
Bell began his probation in June 1991, and was evaluated and recommended to the Sexual Offender Treatment Program in February 1992. Bell began the program on May 12, 1992, and attended a total of eight weekly sessions, but was terminated from the program by his counselor on July 28, 1992, for refusing to admit to the charges against him, which was a requirement for continuation in the program. Bell's probation officer instructed Bell on August 10 and September 22, 1992, to contact his counselor and successfully complete the program. Bell did not do so, and his probation officer consequently filed an affidavit of probation violation against Bell on October 21, 1992, for violating conditions 8 and 13 (quoted above) respectively by failing to complete psychosexual counseling per his instructions, and by being terminated from psychosexual counseling for refusing to admit his involvement in the offense committed. Bell was arrested on November 17, 1992, for violation of probation, and after a hearing regarding same, his probation was revoked and he was sentenced to five and one-half years' incarceration with credit for two years and thirty days already served by order and judgment filed December 16, 1992. By order finding Bell in violation of probation dated December 17 and filed December 31, 1992, the court found that Bell "violated # 8 of his probation by his refusal to 'comply with all instruction his Probation Officer may have given him,' " and "violated condition # 13 by refusing to submit to psychosexual counseling as directed by his Probation Officer." Bell timely filed his appeal on December 17, 1992.
The standard of review for probation revocation orders is whether the trial court abused its discretion. Steiner v. State, 604 So.2d 1265, 1267 (Fla. 4th DCA 1992). As recently stated by this Court, ...
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