Hightower v. State, No. 87-664

CourtCourt of Appeal of Florida (US)
Writing for the CourtPARKER; SCHEB, A.C.J., and SCHOONOVER
Citation13 Fla. L. Weekly 1293,529 So.2d 726
Parties13 Fla. L. Weekly 1293 Willie HIGHTOWER, a/k/a Willie Thomas, Appellant, v. STATE of Florida, Appellee.
Decision Date27 May 1988
Docket NumberNo. 87-664

Page 726

529 So.2d 726
13 Fla. L. Weekly 1293
Willie HIGHTOWER, a/k/a Willie Thomas, Appellant,
v.
STATE of Florida, Appellee.
No. 87-664.
District Court of Appeal of Florida,
Second District.
May 27, 1988.

James Marion Moorman, Public Defender, and Laura Griffin, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph R. Bryant, Asst. Atty. Gen., Tampa, for appellee.

PARKER, Judge.

Appellant Hightower challenges the trial court's revocation of his probation for failure to comply with a condition of that probation. We reverse.

On April 21, 1983, Hightower pled guilty to possession of a controlled substance. He was sentenced to five years probation on July 9, 1984, with a special condition that he serve 364 days in the Lee County jail. Hightower completed the 364-day jail sentence by serving time in the Lee County and Polk County jails, and the Polk Correctional

Page 727

Institute. Hightower was then transferred to the state of Georgia to serve for a period extending from March 15 through December 4, 1985, on a parole violation in that state. The July 9, 1984, order placing Hightower on probation listed the conditions of his probation. Under condition nine, Hightower was required to report immediately to the Department of Corrections' office in Fort Myers upon his release from prison on the 364-day sentence. Condition one, also contained in that order, commanded Hightower to file monthly reports with the probation officer. On August 1, 1986, Hightower was charged by affidavit with failure to make monthly reports for the months of December 1985 through July 1986, resulting in a probation violation.

At Hightower's hearing on that violation charge, no evidence was presented that Hightower received a copy of the probation order or that the conditions of the probation had been explained to him at the time that he was placed on probation. Rather, the only evidence is to the contrary. Hightower's signature does not appear in the space furnished on the bottom of the probation order for the probationer to acknowledge that he received a certified copy of the order and was informed of the conditions imposed in the order.

Nor does the record provided to this court reflect that the sentencing judge who initially placed Hightower on probation instructed him at that time that he was required to report monthly to a probation officer following his release from jail as a condition of his probation. The...

To continue reading

Request your trial
35 practice notes
  • Savage v. State, No. 2D12–2269.
    • United States
    • Court of Appeal of Florida (US)
    • August 30, 2013
    ...2003) (using term “preponderance” of the evidence) (citing Stevens v. State, 823 So.2d 319, 321 (Fla. 2d DCA 2002)); Hightower v. State, 529 So.2d 726, 727 (Fla. 2d DCA 1988) (citing Molina v. State, 520 So.2d 320 (Fla. 2d DCA 1988)); Wheeler v. State, 344 So.2d 630, 632 (Fla. 2d DCA 1977).......
  • Van Wagner v. State, No. 95-1375
    • United States
    • Court of Appeal of Florida (US)
    • April 12, 1996
    ...its discretion because the record does not support a finding that any violation was willful and substantial. Harris; Hightower v. State, 529 So.2d 726, 727 (Fla. 2d DCA The evidence does not establish appellant's willful noncompliance with Ms. Glesenkamp's instructions. Through Ms. Johnson,......
  • State v. Carter, No. SC95605.
    • United States
    • United States State Supreme Court of Florida
    • December 5, 2002
    ...revocation if such failure is willful and substantial and supported by the greater weight of the evidence. See Hightower v. State, 529 So.2d 726 (Fla. 2d DCA 1988).revocation. 835 So.2d 262 Indeed, the initial decision to place someone on probation is a serious matter and is made by the tri......
  • Steiner v. State, No. 91-1826
    • United States
    • Court of Appeal of Florida (US)
    • September 9, 1992
    ...4th DCA 1978). There must have been a willful violation. Kolovrat v. State, 574 So.2d 294, 297 (Fla. 5th DCA 1991); Hightower v. State, 529 So.2d 726, 727 (Fla. 2d DCA 1988). Moreover, a violation which triggers a revocation of probation must be both willful and substantial, and the willful......
  • Request a trial to view additional results
35 cases
  • Savage v. State, No. 2D12–2269.
    • United States
    • Court of Appeal of Florida (US)
    • August 30, 2013
    ...2003) (using term “preponderance” of the evidence) (citing Stevens v. State, 823 So.2d 319, 321 (Fla. 2d DCA 2002)); Hightower v. State, 529 So.2d 726, 727 (Fla. 2d DCA 1988) (citing Molina v. State, 520 So.2d 320 (Fla. 2d DCA 1988)); Wheeler v. State, 344 So.2d 630, 632 (Fla. 2d DCA 1977).......
  • Van Wagner v. State, No. 95-1375
    • United States
    • Court of Appeal of Florida (US)
    • April 12, 1996
    ...its discretion because the record does not support a finding that any violation was willful and substantial. Harris; Hightower v. State, 529 So.2d 726, 727 (Fla. 2d DCA The evidence does not establish appellant's willful noncompliance with Ms. Glesenkamp's instructions. Through Ms. Johnson,......
  • State v. Carter, No. SC95605.
    • United States
    • United States State Supreme Court of Florida
    • December 5, 2002
    ...revocation if such failure is willful and substantial and supported by the greater weight of the evidence. See Hightower v. State, 529 So.2d 726 (Fla. 2d DCA 1988).revocation. 835 So.2d 262 Indeed, the initial decision to place someone on probation is a serious matter and is made by the tri......
  • Steiner v. State, No. 91-1826
    • United States
    • Court of Appeal of Florida (US)
    • September 9, 1992
    ...4th DCA 1978). There must have been a willful violation. Kolovrat v. State, 574 So.2d 294, 297 (Fla. 5th DCA 1991); Hightower v. State, 529 So.2d 726, 727 (Fla. 2d DCA 1988). Moreover, a violation which triggers a revocation of probation must be both willful and substantial, and the willful......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT