Fields v. State, 97-05298.
| Decision Date | 30 June 1999 |
| Docket Number | No. 97-05298.,97-05298. |
| Citation | 737 So.2d 1156 |
| Parties | Donald E. FIELDS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James Marion Moorman, Public Defender, and Richard P. Albertine, Jr., Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.
Donald E. Fields appeals the trial court's final order revoking his probation. The probation resulted from a 1997 no contest plea to leaving the scene of an accident involving injury, a third-degree felony. We affirm the revocation of Fields' probation, but reverse because the trial court imposed an illegal sentence.
Fields argues that his violation of probation was not willful or substantial; however, we disagree. In order to support revocation of probation based on a violation of a condition of probation, the State must prove that the violation was substantial and willful. See McCumber v. State, 682 So.2d 1214, 1216 (Fla. 2d DCA 1996)
. Furthermore, when the trial court revokes probation based on the defendant's failure to complete a program, this court has required that the State prove that the defendant's failure to complete the program was the defendant's fault. See Molina v. State, 520 So.2d 320, 321 (Fla. 2d DCA 1988). The record in this case supports that Fields failed to complete the ACTS Residential Treatment Program because he failed to follow the rules of the program which caused his discharge from the program. Accordingly, his failure to complete the residential program justifies the revocation of probation.
Fields correctly argues that the trial court erred by failing to credit him with eight months and sixteen days that he served on probation before the trial court revoked his probation. See Francois v. State, 695 So.2d 695, 697 (Fla.1997)
(). Upon revocation, the trial court imposed a new sentence of 3.2 years plus 1.6 years of probation, for a total sentence of 4.8 years. When the credit for time served on probation is added to this sentence, the total is 66 months and 16 days. The maximum sentence under the sentencing guidelines which the trial court could impose was 64.5 months.1 Therefore, the trial court...
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Rothery v. State, 5D99-2273.
...willfully violated a substantial condition of his probation. Strunk v. State, 728 So.2d 320, 321 (Fla. 5th DCA 1999); Fields v. State, 737 So.2d 1156 (Fla. 2d DCA 1999); Crume v. State, 703 So.2d 1216, 1217 (Fla. 5th DCA 1997). Prior to violating a condition of probation, a defendant must h......
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Padelt v. State, No. 2D99-3706
...may be revoked only if the probationer has willfully and substantially violated a specific condition of his probation. Fields v. State, 737 So.2d 1156 (Fla. 2d DCA 1999). Violations of probation conditions must be proved by the greater weight of the evidence. Wagland v. State, 705 So.2d 101......
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Ingold v. State of Florida, 98-02955
...be revoked only if the probationer has willfully and substantially violated a specific condition of his probation. See Fields v. State, 737 So. 2d 1156 (Fla. 2d DCA 1999); Hightower v. State, 529 So. 2d 726, 727 (Fla. 2d DCA 1988). Here, the evidence of Ingold's technical violations reflect......
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Urquiola v. State, 98-4234.
...we reverse and remand for the trial court to enter a written order explaining its reasons for the revocation. See Fields v. State, 737 So.2d 1156, 1157 (Fla. 2d DCA 1999). AFFIRMED in part, REVERSED in part, and GUNTHER, FARMER, and KLEIN, JJ., concur. ...