Davidson v. State, No. 81-2299

CourtFlorida District Court of Appeals
Writing for the CourtCLARKE, THOMAS L., Jr.; GRIMES, A.C.J., and CAMPBELL
Citation419 So.2d 728
PartiesBruce Allen DAVIDSON, Appellant, v. STATE of Florida, Appellee.
Decision Date15 September 1982
Docket NumberNo. 81-2299

Page 728

419 So.2d 728
Bruce Allen DAVIDSON, Appellant,
v.
STATE of Florida, Appellee.
No. 81-2299.
District Court of Appeal of Florida,
Second District.
Sept. 15, 1982.

Jerry Hill, Public Defender, and Bryan E. Hopkins, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.

CLARKE, THOMAS L., Jr., Associate Judge.

After pleading guilty to uttering a forged instrument, Bruce A. Davidson was placed on probation for three years. As a condition of probation the court ordered him to successfully complete the Teen Challenge Program. After being enrolled in the program for several months, Davidson was suspended for thirty days for leaving the premises where the program was located. After his suspension ended he returned, and the program supervisor asked him whether he wanted to be there or not. Davidson advised that he did not want to be there, whereupon on October 2, 1981, the program supervisor, with the approval of Davidson's probation officer, told him to go home. A travel permit was issued by the probation officer permitting Davidson to go to Georgia to live with his parents. He thereafter obtained employment and maintained contact with his probation officer as required. Upon making a required call to his probation officer on October 16, 1981, Davidson was advised that the sentencing judge had directed that a violation of probation charge be filed due to Davidson's failure to successfully complete the Teen Challenge Program. A warrant charging the violation was executed on October 26, 1981, and a hearing followed on November 2, 1981. At the hearing it was clearly established that Davidson had not completed the program; however, Davidson himself offered the only direct testimony concerning his termination. The trial judge found Davidson

Page 729

guilty of violating the condition of his probation regarding the Teen Challenge Program, revoked his probation, and sentenced him (pursuant to the Youthful Offender Act) to four years in prison followed by one year on probation.

Davidson contends that since his termination was with the consent and approval of the program supervisor and his probation officer, it did not constitute a violation of probation. He notes that he continued to comply with the other conditions of his probation (reporting, restitution, etc.). The record reflects that it was on October 16, 1981, when Davidson first realized that his...

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10 practice notes
  • Savage v. State, No. 2D12–2269.
    • United States
    • Court of Appeal of Florida (US)
    • August 30, 2013
    ...Carter, 835 So.2d 259, 261 (Fla.2002)); see also McCumber v. State, 682 So.2d 1214, 1215–16 (Fla. 2d DCA 1996) (citing Davidson v. State, 419 So.2d 728 (Fla. 2d DCA 1982)); Hanania v. State, 855 So.2d 92, 94 (Fla. 2d DCA 2003) (using term “preponderance” of the evidence) (citing Stevens v. ......
  • Saunders v. United States, No. 84-1531.
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • April 23, 1986
    ...improper attitude is not a "willful" violation sufficient to trigger revocation of probation. See, e.g., Davidson v. State, 419 So.2d 728, 729 (Fla.App. 1982); cf. Bearden v. Georgia, 461 U.S. 660, 668, 103 S.Ct. 2064, 2070, 76 L.Ed.2d 221 (1983) (sentencing court could not proper......
  • Molina v. State, No. 86-2841
    • United States
    • Florida District Court of Appeals
    • February 26, 1988
    ...of probation must be willful, and that the greater weight of the evidence must show that the violation is substantial. Davidson v. State, 419 So.2d 728 (Fla. 2d DCA 1982); Wheeler v. State, 344 So.2d 630 (Fla. 2d DCA This court has refused to find technical violations sufficient to justify ......
  • Hilton v. State, No. 84-2126
    • United States
    • Court of Appeal of Florida (US)
    • May 28, 1985
    ...reports on time was a substantial violation of his probation. See Hudson v. State, 425 So.2d 1166 (Fla. 2d DCA 1983); Davidson v. State, 419 So.2d 728 (Fla. 2d DCA 1982); Shaw v. State, 391 So.2d 754 (Fla. 5th DCA 1980); Donneil v. State, 377 So.2d 805 (Fla. 3d DCA 1979). The defendant's pr......
  • Request a trial to view additional results
10 cases
  • Savage v. State, No. 2D12–2269.
    • United States
    • Court of Appeal of Florida (US)
    • August 30, 2013
    ...Carter, 835 So.2d 259, 261 (Fla.2002)); see also McCumber v. State, 682 So.2d 1214, 1215–16 (Fla. 2d DCA 1996) (citing Davidson v. State, 419 So.2d 728 (Fla. 2d DCA 1982)); Hanania v. State, 855 So.2d 92, 94 (Fla. 2d DCA 2003) (using term “preponderance” of the evidence) (citing Stevens v. ......
  • Saunders v. United States, No. 84-1531.
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • April 23, 1986
    ...improper attitude is not a "willful" violation sufficient to trigger revocation of probation. See, e.g., Davidson v. State, 419 So.2d 728, 729 (Fla.App. 1982); cf. Bearden v. Georgia, 461 U.S. 660, 668, 103 S.Ct. 2064, 2070, 76 L.Ed.2d 221 (1983) (sentencing court could not proper......
  • Molina v. State, No. 86-2841
    • United States
    • Florida District Court of Appeals
    • February 26, 1988
    ...of probation must be willful, and that the greater weight of the evidence must show that the violation is substantial. Davidson v. State, 419 So.2d 728 (Fla. 2d DCA 1982); Wheeler v. State, 344 So.2d 630 (Fla. 2d DCA This court has refused to find technical violations sufficient to justify ......
  • Hilton v. State, No. 84-2126
    • United States
    • Court of Appeal of Florida (US)
    • May 28, 1985
    ...reports on time was a substantial violation of his probation. See Hudson v. State, 425 So.2d 1166 (Fla. 2d DCA 1983); Davidson v. State, 419 So.2d 728 (Fla. 2d DCA 1982); Shaw v. State, 391 So.2d 754 (Fla. 5th DCA 1980); Donneil v. State, 377 So.2d 805 (Fla. 3d DCA 1979). The defendant's pr......
  • Request a trial to view additional results

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