Butler v. State, 2D99-3219.
Decision Date | 19 May 2000 |
Docket Number | No. 2D99-3219.,2D99-3219. |
Citation | 775 So.2d 320 |
Parties | Otis BUTLER, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
James Marion Moorman, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Jennifer R. Haymes, Assistant Attorney General, Tampa, for Appellee.
Otis Butler appeals the revocation of his probation and argues that his violations were neither willful nor substantial. We agree and reverse.
The trial court found that Mr. Butler violated probation by failing to file a monthly report and by failing to enroll in educational classes. Probation can be revoked only on the basis of a willful and substantial violation, which must be shown by the greater weight of the evidence. See Sanders v. State, 675 So.2d 665 (Fla. 2d DCA 1996). This court has held that the technical omission of failing to submit one monthly report, by itself, does not support revocation because it is not a substantial violation. See Sanders. See also Glenn v. State, 558 So.2d 513 (Fla. 2d DCA 1990). But see Williams v. State, 728 So.2d 287 (Fla. 2d DCA 1999) ( ). We conclude that this violation alone would not support revocation of Mr. Butler's probation because it was not a substantial violation.
The trial court also found that Mr. Butler had failed to enroll in GED classes. From the evidence at the revocation hearing, it appears that Mr. Butler's failure to comply with this condition resulted from confusion regarding the requirement and because of a transportation problem, not because of a deliberate act of misconduct. See McCoy v. State, 730 So.2d 803 (Fla. 2d DCA 1999). Furthermore, the condition did not specify a time by which the classes were to begin and the probation officer did not specify a date certain for compliance. See Salzano v. State, 664 So.2d 23 (Fla. 2d DCA 1995) ( ). We conclude that the evidence failed to show a willful and substantial violation of this condition.
Accordingly, we reverse the revocation and remand for the trial court to reinstate Mr. Butler's probation.
To continue reading
Request your trial-
Lawson v. State
...2d DCA 2002) (sex offender probation); Dunkin v. State, 780 So.2d 223 (Fla. 2d DCA 2001) (sex offender probation); Butler v. State, 775 So.2d 320 (Fla. 2d DCA 2000) (GED program); O'Neal v. State, 801 So.2d 280 (Fla. 4th DCA 2001) (domestic violence program). However, the certified question......
-
Lawson v. State
...2d DCA 2005); O'Neal v. State, 801 So.2d 280 (Fla. 4th DCA 2001); Dunkin v. State, 780 So.2d 223 (Fla. 2d DCA 2001); Butler v. State, 775 So.2d 320 (Fla. 2d DCA 2000); Salzano v. State, 664 So.2d 23 (Fla. 2d DCA 1995). We are not bound by these decisions, and we respectfully disagree with t......
-
Woodson v. State, 5D03-71.
...health program,6 each of which is a special condition of probation not required to be imposed by the Legislature. Butler v. State, 775 So.2d 320 (Fla. 2d DCA 2000), involved the condition that the defendant obtain his GED, while O'Neal v. State, 801 So.2d 280 (Fla. 4th DCA 2001), and Mitche......
-
State v. Carter
...this type of isolated technical probation violation does not rise to the level of a revocable violation. See e.g., Butler v. State, 775 So.2d 320, 321 (Fla. 2d DCA 2000); Sanders v. State, 675 So.2d 665, 665-66 (Fla. 2d DCA 1996) (citing Glenn v. State, 558 So.2d 513 (Fla. 2d DCA 1990)); Mo......