Green v. State, 2D08-2533.
| Decision Date | 23 October 2009 |
| Docket Number | No. 2D08-2533.,2D08-2533. |
| Citation | 19 So.3d 449 |
| Parties | Shannon Lenard GREEN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Hillsborough County; Emmett Lamar Battles, Judge.
James Marion Moorman, Public Defender, and Carol J.Y. Wilson, Assistant Public Defender, Bartow, for Appellant.
Bill McCollum, Attorney General, Tallahassee, and Susan M. Shanahan, Assistant Attorney General, Tampa, for Appellee.
Shannon Lenard Green appeals the revocation of his probation based on the trial court's findings that he violated conditions 3, 5, 7, and 13 of his probation. We conclude that the evidence presented to the trial court was insufficient to support a violation of condition 13, and we remand for the trial court to strike its finding regarding that violation. However, we affirm the revocation of Green's probation and the resulting sentence based on his violation of conditions 3, 5, and 7.
On remand, the revocation of Green's probation and his two-year sentence need not be reconsidered because competent, substantial evidence supported the trial court's findings that Green willfully and substantially violated conditions 3 (prohibiting Green from changing residence without the consent of his supervising officer), 5 (requiring Green to live and remain at liberty without violating the law), and 7 (prohibiting Green from using or possessing illegal drugs), and these violations were sufficient to revoke probation. See, e.g., Miffin v. State, 19 So.3d 377 (Fla. 2d DCA 2009) (); Brown v. State, 6 So.3d 671, 672 (Fla. 2d DCA 2009) (); Matthews v. State, 943 So.2d 984, 986 (Fla. 2d DCA 2006) (); Sprague v. State, 920 So.2d 1248, 1250 (Fla. 2d DCA 2006) (); Robinson v. State, 773 So.2d 566,...
To continue reading
Request your trial
-
Herrera v. State, Case No. 2D18-3709
...That particular violation of condition 5 was proven and was sufficient, by itself, to revoke Herrera's probation. See Green v. State, 19 So. 3d 449, 450 (Fla. 2d DCA 2009) ; Matthews v. State, 943 So. 2d 984, 986 (Fla. 2d DCA 2006). However, the record does not support a revocation based on......
-
Mata v. State
...the remaining counts, i.e., counts I, II, and VI.1 See, e.g., Green v. State, 23 So.3d 820, 821 (Fla. 4th DCA 2009); Green v. State, 19 So.3d 449, 450 (Fla. 2d DCA 2009). As asserted by Mata in point III, remand is nonetheless required so that the trial court may enter a written order of re......
-
State v. Medina
...of Strickland ), his probation still would have been properly revoked on the gun possession and battery charges. See Green v. State, 19 So.3d 449, 449–50 (Fla. 2d DCA 2009) (concluding that while the evidence was insufficient to support violation of probation on one condition of probation, ......
-
Gaddy v. State, 2D09-1469.
...of probation but affirming revocation where defendant violated condition requiring him to file monthly reports); Green v. State, 19 So.3d 449 (Fla. 2d DCA 2009) (holding that revocation of probation and sentence need not be reconsidered where one condition was not established but where comp......