Glasier v. State, No. 2D02-4781.

CourtCourt of Appeal of Florida (US)
Writing for the CourtCASANUEVA.
Citation849 So.2d 444
Docket NumberNo. 2D02-4781.
Decision Date16 July 2003
PartiesCheryl M. GLASIER, Appellant, v. STATE of Florida, Appellee.

849 So.2d 444

Cheryl M. GLASIER, Appellant,
v.
STATE of Florida, Appellee

No. 2D02-4781.

District Court of Appeal of Florida, Second District.

July 16, 2003.


849 So.2d 445
James Marion Moorman, Public Defender, and Allyn M. Giambalvo, Bartow, for Appellant

Charles J. Crist, Jr., Attorney General, Tallahassee, and Erica M. Raffel, Tampa, for Appellee.

CASANUEVA, Judge.

Cheryl M. Glasier has appealed from the trial court's order revoking her probation, contending that her probation was revoked based on alleged violations for which there was no proof. Although we agree with Ms. Glasier that the evidence was insufficient to revoke her probation based on failure to pay costs of supervision (condition 2) and failure to pay court costs (condition 10), we hold that the evidence was sufficient to revoke her probation on the grounds that she had consumed alcohol to excess (condition 7) and had refused to submit to urinalysis and breathalyzer testing (condition 13).

"The State carries the burden of proving by the greater weight of the evidence that a probationer has willfully and substantially violated probation." Hines v. State, 789 So.2d 1085, 1086 (Fla. 2d DCA 2001). When the probationer is accused of violating by failing to pay court costs or costs of supervision, the State must adduce evidence of her ability to pay to demonstrate willfulness. Robinson v. State, 773 So.2d 566, 567 (Fla. 2d DCA 2000). When reviewing an order revoking probation, this court must assess whether the trial court abused its discretion. Bennett v. State, 684 So.2d 242 (Fla. 2d DCA 1996).

We must strike from the order of revocation any reference to conditions 2 and 10 on the ground that the State failed to present any evidence demonstrating that Ms. Glasier had the ability to pay her costs. Evidence that consists only of the amount the probationer is in arrears is insufficient to prove her ability to pay and thus insufficient to prove the willfulness element of a violation. Robinson, 773 So.2d at 567.

However, the trial court did not abuse its discretion in finding that the prosecution demonstrated by the greater weight of the evidence that Ms. Glasier had committed wilful and substantial violations of probation conditions 7 and 13. The State presented competent substantial evidence through a probation officer that in one instance Ms. Glasier refused to take a breathalyzer test and on another occasion a test registered her blood alcohol at.295. Ms. Glasier herself...

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6 practice notes
  • Savage v. State, No. 2D12–2269.
    • United States
    • Court of Appeal of Florida (US)
    • 30 Agosto 2013
    ...(Fla. 2d DCA 2011) (Altenbernd, J., concurring specially); Hicks v. State, 890 So.2d 459, 460 (Fla. 2d DCA 2004); Glasier v. State, 849 So.2d 444, 445 (Fla. 2d DCA 2003) (affirming revocation where competent substantial evidence supported trial court's finding of willful and substantial vio......
  • Blackwelder v. State, No. 2D04-3339.
    • United States
    • Court of Appeal of Florida (US)
    • 1 Junio 2005
    ...ability to pay to demonstrate the willfulness of the violation. Reed v. State, 865 So.2d 644, 647 (Fla. 2d DCA 2004); Glasier v. State, 849 So.2d 444, 445 (Fla. 2d DCA 2003); Robinson v. State, 773 So.2d 566, 567 (Fla. 2d DCA 2000). Moreover, the State does not meet its burden merely by int......
  • Reed v. State, No. 2D03-2696.
    • United States
    • Court of Appeal of Florida (US)
    • 13 Febrero 2004
    ...was receiving food stamps. A violation of probation must be willful and substantial to warrant revocation of probation. Glasier v. State, 849 So.2d 444, 445 (Fla. 2d DCA 2003). When the State seeks to prove a violation of probation for failure to pay costs of supervision, it must offer evid......
  • Davis v. State, No. 2D02-2309.
    • United States
    • Court of Appeal of Florida (US)
    • 5 Marzo 2004
    ...establishing that the defendant was able to pay in order to demonstrate the willful nature of the violation. See Glasier v. State, 849 So.2d 444, 445 (Fla. 2d DCA 2003); McCoy, 730 So.2d at Here, not only did the State fail to establish that Davis had the financial ability to pay the court-......
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6 cases
  • Savage v. State, No. 2D12–2269.
    • United States
    • Court of Appeal of Florida (US)
    • 30 Agosto 2013
    ...(Fla. 2d DCA 2011) (Altenbernd, J., concurring specially); Hicks v. State, 890 So.2d 459, 460 (Fla. 2d DCA 2004); Glasier v. State, 849 So.2d 444, 445 (Fla. 2d DCA 2003) (affirming revocation where competent substantial evidence supported trial court's finding of willful and substantial vio......
  • Blackwelder v. State, No. 2D04-3339.
    • United States
    • Court of Appeal of Florida (US)
    • 1 Junio 2005
    ...ability to pay to demonstrate the willfulness of the violation. Reed v. State, 865 So.2d 644, 647 (Fla. 2d DCA 2004); Glasier v. State, 849 So.2d 444, 445 (Fla. 2d DCA 2003); Robinson v. State, 773 So.2d 566, 567 (Fla. 2d DCA 2000). Moreover, the State does not meet its burden merely by int......
  • Reed v. State, No. 2D03-2696.
    • United States
    • Court of Appeal of Florida (US)
    • 13 Febrero 2004
    ...was receiving food stamps. A violation of probation must be willful and substantial to warrant revocation of probation. Glasier v. State, 849 So.2d 444, 445 (Fla. 2d DCA 2003). When the State seeks to prove a violation of probation for failure to pay costs of supervision, it must offer evid......
  • Davis v. State, No. 2D02-2309.
    • United States
    • Court of Appeal of Florida (US)
    • 5 Marzo 2004
    ...establishing that the defendant was able to pay in order to demonstrate the willful nature of the violation. See Glasier v. State, 849 So.2d 444, 445 (Fla. 2d DCA 2003); McCoy, 730 So.2d at Here, not only did the State fail to establish that Davis had the financial ability to pay the court-......
  • Request a trial to view additional results

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