Gordon v. State, 85-274

• Decision Date: 11 December 1985
• Docket Number: No. 85-274,85-274
• Citation: Gordon v. State, 483 So.2d 22, 10 Fla. L. Weekly 2748 (Fla. App. 1985)
• Parties: 10 Fla. L. Weekly 2748 Todd Andrew GORDON, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 22

483 So.2d 22

10 Fla. L. Weekly 2748

Todd Andrew GORDON, Appellant, v.STATE of Florida, Appellee.

No. 85-274.

District Court of Appeal of Florida Second District.

Dec. 11, 1985.

James Marion Moorman, Public Defender and Ann N. Radabaugh, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee and James A. Young, Asst. Atty. Gen., Tampa, for appellee.

RYDER, Chief Judge.

On March 1, 1984, Gordon pled nolo contendere to the crime of burglary of a conveyance which was committed on October 18, 1983.Gordon was placed on probation for five years with conditions of probation which included a required payment of $500.00 to the Lee County Fine and Forfeiture Fund.Gordon was also ordered to undergo drug abuse counseling at the Lee County Mental Health Department.

A warrant was issued on June 29, 1984 charging Gordon with violating five conditions of his probation.The warrant alleged that Gordon had failed to submit written monthly reports, pay the cost of supervision, changed his residence or employment or had left the county without prior consent of his probation officer, failed to pay the $500.00 assessment to the Lee County Fine and Forfeiture Fund, and that he had failed to enter into the drug counseling program at the Lee County Mental Health Department.A hearing on the charges was held on September 10, 1984.Gordon entered a plea of guilty as charged.The trial judge, rather than revoking Gordon's probation, entered an order of modification requiring Gordon to serve ninety days in the Lee County Jail with credit for time served, and included an additional condition of probation which was to require Gordon to enroll in and successfully complete a drug abuse rehabilitation program offered by an organization called Treatment Alternatives to Street Crimes.Later, another warrant was executed on ...