Kord v. State, 77-1991
| Decision Date | 08 August 1978 |
| Docket Number | No. 77-1991,77-1991 |
| Citation | 361 So.2d 800 |
| Parties | William KORD, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender, and Elliott H. Scherker, Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., and Anthony C. Musto, Asst. Atty. Gen., for appellee.
Before BARKDULL and NATHAN, JJ., and CHARLES CARROLL (Ret.), Associate Judge.
This is an appeal by William Kord from an order of revocation of probation and a sentence to five years in the state penitentiary. The record reflects that Kord was charged by information with uttering a forged instrument and receiving stolen property. Kord pled guilty to the first charge, and the state abandoned the second one. The trial court adjudged Kord guilty of uttering a forged instrument, withheld sentence and placed him on probation for two years.
Subsequently, an affidavit of violation of probation was filed. A hearing was held during which the following colloquy took place between Kord, defense counsel and the court:
"MR. SMITH: Judge, we worked this case out where the Probation Officer is going to ask the Court to modify the probation to include in the order 'Entering and successfully completing an alcohol program to be specified by the Probation Department.'
And also, a due notice to the Defendant should he violate any conditions of probation, he would get two years in the State Prison.
Shortly after entry of the order of modification, another affidavit of violation of probation was filed. Following a hearing, the trial judge revoked Kord's probation and imposed a sentence of five years in the state penitentiary.
Two points are raised on appeal. The first is that the evidence is insufficient to support revocation of probation. We do not agree. From the record, we find that the evidence was sufficient to sustain the trial court's conclusion that Kord materially violated the terms of his probation; and to show that the trial court acted within the bounds of its discretion. Bernhardt v. State, 288 So.2d 490, 501 (Fla.1974...
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...first entered a plea. Payne v. State, 372 So.2d 152 (Fla.3d DCA 1979); Overman v. State, 368 So.2d 434 (Fla.3d DCA 1979); Kord v. State, 361 So.2d 800 (Fla.3d DCA 1978); Segarra v. State, 360 So.2d 79 (Fla.3d DCA 1978). The fourth district court of appeal held to the contrary in Mulder v. S......
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Jimenez v. State, 86-1560
...the trial court's revocation of the appellant's probation. See Evans v. State, 427 So.2d 1082 (Fla. 1st DCA 1983); Kord v. State, 361 So.2d 800 (Fla. 3d DCA 1978). However, we do find a sentencing error. In imposing sentence in the instant case, the trial judge departed from the presumptive......
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...urges error in that there was no willful showing of violation of probation terms. The record is to the contrary. Kord v. State, 361 So.2d 800 (Fla. 3d DCA 1978). The appellant contends that the trial court cannot use the probation violation as a reason for aggravating his sentencing under t......