Grimsley v. State, 2D01-1585.
| Decision Date | 02 August 2002 |
| Docket Number | No. 2D01-1585.,2D01-1585. |
| Citation | 830 So.2d 118 |
| Parties | Donna Fay GRIMSLEY, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James Marion Moorman, Public Defender, and Bruce P. Taylor, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee.
The circuit court revoked Donna Grimsley's probation based on her violation of condition three of her supervision, that she "not change [her] residence or employment or leave the county of [her] residence without first procuring the consent of [her probation] officer." The factual basis for the revocation was the court's finding that Grimsley knew it was "her responsibility to report to this probation officer according to [the officer's] testimony and that she has not reported, has not made herself available for supervision." We reverse because the evidence did not support a violation of condition three.
Donna Ellis, Grimsley's probation officer, filed an affidavit stating that Grimsley violated condition three by leaving the Peace River Mental Health Center on November 21, 2000, without Ellis's permission. The affidavit also alleged that Grimsley left her approved residence in Hardee County and moved to Hillsborough County, which was shown by her arrest there on December 14, 2000. However, the only evidence the State offered to prove these allegations was either insufficient or was hearsay.
Ellis was the State's only witness. Her testimony was, for the most part, hearsay, and defense counsel objected repeatedly on that ground. Ellis stated that someone at Grimsley's approved residence, the Caring Ministries Program, told her that Grimsley had been committed to the Peace River Center under the Baker Act. See § 394.451, Fla. Stat. (2000). Ellis was not sure when this occurred. Obviously, this involuntary commitment would not be a willful violation of the directive that Grimsley not change her approved residence without the officer's permission. Cf. Gibson v. State, 747 So.2d 420, 421 (Fla. 2d DCA 1999)
(). Ellis had no idea when or even if Grimsley left Peace River because she never spoke to anyone at that facility. Ellis's only testimony on this point was that someone at Caring Ministries told her that someone at Peace River said that when Grimsley left, she said she was going home. No one from Peace River testified about Grimsley's stay there. Of course, it would have been clear...
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