Hanania v. State, No. 2D01-1025.

CourtCourt of Appeal of Florida (US)
Writing for the CourtSILBERMAN.
Citation855 So.2d 92
PartiesJorge HANANIA, Appellant, v. STATE of Florida, Appellee.
Decision Date13 June 2003
Docket NumberNo. 2D01-1025.

855 So.2d 92

Jorge HANANIA, Appellant,
v.
STATE of Florida, Appellee

No. 2D01-1025.

District Court of Appeal of Florida, Second District.

June 13, 2003.


Tony C. Dodds, Lakeland, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Appellee.

SILBERMAN, Judge.

Jorge Hanania appeals the revocation of his probation and argues that the violations were not willful and substantial. We agree and reverse.

In 1992 Hanania was convicted of conspiracy to traffic in cocaine. He was sentenced to fifteen years' imprisonment

855 So.2d 93
followed by ten years' probation. His probation order contained the following special conditions pertinent to this appeal
(2) You will pay the State of Florida $40 per month toward the cost of your supervision, unless otherwise waived in compliance with Florida Statutes.
....
(6) You will not use intoxicants to excess. You will not visit places where intoxicants, drugs or other dangerous substances are unlawfully sold, dispensed, or used.
....
(12) You shall not (consume any alcohol/illegal drugs) (be in possession of alcohol or illegal drugs) (associate with persons who use alcohol or illegal drugs) (frequent places where alcohol is the main source of business or illegal drugs are used).
....
(21) You are to pay (Court Costs) (Fine & Court Costs) for case(s) pled to of $275, to the Clerk of the Court, Criminal Division, by w/in 2 yrs....

In December 2000 an affidavit was filed alleging that Hanania had violated conditions 2, 6, 12, and 21 of the probation order. The affidavit asserted that Hanania had been instructed to not visit places where drugs are unlawfully sold, dispensed, or used, to not associate with persons who use illegal drugs, and to not frequent places where illegal drugs are used. The affidavit alleged that Hanania violated his probation by being a passenger in a car that was found to contain drugs and related paraphernalia, and that he was in arrears in the payment of the monetary conditions of the probation order.

At an evidentiary hearing, a Lakeland police officer testified that in November 2001, he came into contact with Hanania during a traffic stop. Hanania was a passenger in the car. The officer checked identification and learned that Hanania was on probation for a drug offense. The officer stated that he suspected there might be narcotics activity and he called for a narcotics detection dog. After the dog...

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13 practice notes
  • Savage v. State, No. 2D12–2269.
    • United States
    • Court of Appeal of Florida (US)
    • August 30, 2013
    ...v. State, 682 So.2d 1214, 1215–16 (Fla. 2d DCA 1996) (citing Davidson v. State, 419 So.2d 728 (Fla. 2d DCA 1982)); Hanania v. State, 855 So.2d 92, 94 (Fla. 2d DCA 2003) (using term “preponderance” of the evidence) (citing Stevens v. State, 823 So.2d 319, 321 (Fla. 2d DCA 2002)); Hightower v......
  • Applicant v. Sec'y, CASE NO. 8:13-cv-1860-T-23TGW
    • United States
    • U.S. District Court — Middle District of Florida
    • April 5, 2016
    ...at 646 (citing State v. Carter, 835 So. 2d 259, 261 (Fla. 2002)). Willfulness may be proven by circumstantial evidence. Hanania v. State, 855 So. 2d 92, 94 (2nd DCA 2003). Martin relies on his counsel's testimony at the post-conviction hearing that counsel did not explicitly tell Martin tha......
  • DMC v. State, No. 2D03-11.
    • United States
    • Florida District Court of Appeals
    • November 14, 2003
    ...as a matter of law to sustain a determination of guilt. We recently reviewed similar constructive possession facts in Hanania v. State, 855 So.2d 92 (Fla. 2d DCA 2003), a revocation of probation case where the State had only to meet the lesser preponderance standard of proof. In Hanania, af......
  • Williams v. State, No. 2D11–1554.
    • United States
    • Court of Appeal of Florida (US)
    • March 8, 2013
    ...Even under the lesser standard of proof by a preponderance of evidence in a violation of probation case, the State in Hanania v. State, 855 So.2d 92 (Fla. 2d DCA 2003), failed to prove constructive possession of contraband. The affidavit of violation of probation alleged that the defendant ......
  • Request a trial to view additional results
13 cases
  • Savage v. State, No. 2D12–2269.
    • United States
    • Court of Appeal of Florida (US)
    • August 30, 2013
    ...v. State, 682 So.2d 1214, 1215–16 (Fla. 2d DCA 1996) (citing Davidson v. State, 419 So.2d 728 (Fla. 2d DCA 1982)); Hanania v. State, 855 So.2d 92, 94 (Fla. 2d DCA 2003) (using term “preponderance” of the evidence) (citing Stevens v. State, 823 So.2d 319, 321 (Fla. 2d DCA 2002)); Hightower v......
  • Applicant v. Sec'y, CASE NO. 8:13-cv-1860-T-23TGW
    • United States
    • U.S. District Court — Middle District of Florida
    • April 5, 2016
    ...at 646 (citing State v. Carter, 835 So. 2d 259, 261 (Fla. 2002)). Willfulness may be proven by circumstantial evidence. Hanania v. State, 855 So. 2d 92, 94 (2nd DCA 2003). Martin relies on his counsel's testimony at the post-conviction hearing that counsel did not explicitly tell Martin tha......
  • DMC v. State, No. 2D03-11.
    • United States
    • Florida District Court of Appeals
    • November 14, 2003
    ...as a matter of law to sustain a determination of guilt. We recently reviewed similar constructive possession facts in Hanania v. State, 855 So.2d 92 (Fla. 2d DCA 2003), a revocation of probation case where the State had only to meet the lesser preponderance standard of proof. In Hanania, af......
  • Williams v. State, No. 2D11–1554.
    • United States
    • Court of Appeal of Florida (US)
    • March 8, 2013
    ...Even under the lesser standard of proof by a preponderance of evidence in a violation of probation case, the State in Hanania v. State, 855 So.2d 92 (Fla. 2d DCA 2003), failed to prove constructive possession of contraband. The affidavit of violation of probation alleged that the defendant ......
  • Request a trial to view additional results

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