Butler v. State, 83-1257
| Decision Date | 20 June 1984 |
| Docket Number | No. 83-1257,83-1257 |
| Citation | 450 So.2d 1283 |
| Parties | Lee Grant BUTLER, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Jerry Hill, Public Defender, and Michael E. Raiden, Asst. Public Defender, Bartow, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and James Dysart, Asst. Atty. Gen., Tampa, for appellee.
Appellant, Lee Grant Butler, challenges the judgment and sentence finding him guilty of violating his probation. We affirm and remand.
On November 23, 1981, appellant was charged with one count of grand theft. He pled guilty to the charge. On August 9, 1982, the trial court adjudicated him guilty and placed him on probation for three years. Among other conditions of probation, appellant was ordered to:
(1) Not later than the fifth day of each month, you will make a full and truthful report to your Probation Officer on the form provided for that purpose.
(2) You will pay the State of Florida the amount of Ten Dollars ($10) per month toward the cost of your supervision unless otherwise waived in compliance with Florida Statutes.
(3) You will not change your residence or employment or leave the county of your residence without first procuring the consent of your Probation Officer.
(4) You will neither possess, carry or own any weapons or firearm without first securing the consent of your Probation Officer.
(5) You will live and remain at liberty without violating any law. A conviction in a court of law shall not be necessary in order for such a violation to constitute a violation of your probation.
(6) You will not use intoxicants to excess; nor will you visit places where intoxicants, drugs or other dangerous substances are unlawfully sold, dispensed or used.
(7) You will work diligently at a lawful occupation and support any dependents to the best of your ability, as directed by your Probation Officer.
(8) You will promptly and truthfully answer all inquiries directed to you by the Court or the Probation Officer, and allow the Officer to visit in your home, at your employment site or elsewhere, and you will comply with all instructions he may give you.
On October 15, 1982, an affidavit was filed alleging that appellant had violated his probation. A supplemental affidavit followed. It was alleged in these affidavits that appellant violated the following conditions of his probation: (1) failing to submit monthly reports; (3) changing residence without permission; (5) driving while intoxicated and with a suspended license; being charged with aggravated battery upon Angela Whitest; being charged with aggravated battery and obstruction by false information (for which he was later tried in circuit court case No. CF82-3651); and (8) failing to report to his probation officer after having been so directed.
On April 26, 1983, at the revocation hearing the trial court indicated that Butler was guilty of violating conditions (5) and (6) of his probation by the obstruction by false information "by his own admission" and by drinking at an unlicensed liquor house. The court orally pronounced that Butler's probation was being revoked on the basis of the violation of condition (5), to wit, obstruction by giving false information. However, the written order of revocation probation indicates that appellant violated the conditions of his probation by (1) failing to submit monthly reports; (3) changing residences without permission; (5) living at liberty without violating any law in...
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Jackson v. State
...affidavit. It thus could not be a basis for revocation. See Soto v. State, 727 So.2d 1044, 1046 (Fla. 2d DCA 1999); Butler v. State, 450 So.2d 1283, 1285 (Fla. 2d DCA 1984). Jackson's counsel permitted Jackson to enter an admission to a violation which was uncharged and which, even if charg......
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Harris v. State, 87-1922
...a trial court cannot revoke probation on the basis of conduct not charged by affidavit we were compelled to reverse. Butler v. State, 450 So.2d 1283 (Fla. 2d DCA 1984). In so doing we noted that "the transcript of the probation revocation hearing reveals that the trial judge may have had be......
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Cherington v. State
...not charged in the affidavit of violation." Parminter v. State, 762 So.2d 966, 967 (Fla. 2d DCA 2000); see also Butler v. State, 450 So.2d 1283, 1285 (Fla. 2d DCA 1984); Perkins v. State, 842 So.2d 275, 277 (Fla. 1st DCA 2003). To revoke probation based on conduct not charged in the affidav......
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B.T.G. v. State
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