Hanania v. State, 2D01-1025.
| Decision Date | 13 June 2003 |
| Docket Number | No. 2D01-1025.,2D01-1025. |
| Citation | 855 So.2d 92 |
| Parties | Jorge HANANIA, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Tony C. Dodds, Lakeland, for Appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Appellee.
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 followed by ten years' probation. His probation order contained the following special conditions pertinent to this appeal:
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 "alerted" on the passenger's seat of the car, the officer searched the car. He and another officer found the following: a yellow manila envelope containing three baggies of suspected methamphetamine located between the passenger's seat and the center console transmission column; an electronic scale located in a recess under the stereo in the dashboard; several empty, small, plastic baggies located in a cloth bag in the center console; and an envelope addressed to the driver and owner of the vehicle and containing marijuana located under the passenger seat. The officer acknowledged that he was unable to testify that Hanania knew of the presence of the narcotics or even what Hanania might have been able to see while in the car. The officer was unable to get fingerprints from the items.
In his defense, Hanania testified that the driver of the car was an acquaintance with whom he rarely socialized. Hanania had been at a store when the car pulled up and the driver entered the store. Hanania asked for a ride home, and approximately five blocks from the...
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