Palma v. State, 5D01-3599.

• Decision Date: 08 November 2002
• Docket Number: No. 5D01-3599.,5D01-3599.
• Citation: 830 So.2d 201
• Parties: Lisa PALMA, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

830 So.2d 201

Lisa PALMA, Appellant, v. STATE of Florida, Appellee.

No. 5D01-3599.

District Court of Appeal of Florida, Fifth District.

November 8, 2002.

James B. Gibson, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Lamya A. Henry, Assistant Attorney General, Daytona Beach, for Appellee.

THOMPSON, C.J.

Lisa Palma ("Palma") appeals the revocation of her probation. We affirm.

After Palma was sentenced for a previous violation and a new offense, Palma filed a motion to modify the sentences. Palma's motion alleged that Avon Park Medical Center, the facility recommended by the court, would not provide appropriate treatment for her psychological problems and substance abuse, but that the Bridge Program would provide such treatment. Palma also agreed to any and all counseling and mental health treatment modalities recommended by the Bridge Program. The trial court ordered Palma to enter the Bridge Program within three days of release from prison and to complete the six month program. Palma failed to complete the Bridge Program, which is the basis for the probation revocation which she now appeals. Palma left the facility, was arrested, and was terminated from the program. The affidavit of probation violation alleged that Palma had absconded from the program, that she had been a constant disciplinary problem, and that she continued to break the rules of the program.

There was conflicting evidence regarding whether Palma had intended to abscond from the Bridge Program, but, Robert Kline, a Bridge Program staff member assigned to supervise Palma's case, testified that the Bridge Program director had intended to terminate Palma from the program prior to Palma leaving the facility because Palma was disruptive, and would not follow the facility's rules. While he never witnessed Palma's disruptive behavior, Kline constantly received reports of Palma's disruptive outbursts and serious violations of the Bridge Program's rules.

Palma's mother testified that Palma had stopped taking her medication for her bipolar disorder while she was in prison prior to entering the Bridge Program.

Axia Rivera, Palma's counselor at the Bridge Program, testified that she witnessed some of Palma's disruptive behavior. The counselor testified that Palma did not have all her medications when she began the program, and that it was very likely that Palma's medication had not taken effect by the time Palma was terminated. Rivera conceded that she was not a specialist in psychiatric disorders, but opined that those with psychiatric disorders tend to lie and to have problems following the rules. Palma's counselor recommended that Palma be placed in a "dual diagnose program."

The trial court found Palma guilty of violating her probation and sentenced Palma to prison. At the conclusion of the hearing, the trial court stated:

I'm also going to recommend that upon her arrival at the Department of Corrections [sic] that the Department give her a psychiatric evaluation to determine what appropriate medication she should be on and that she should take those medications. Miss Palma, you're someone who should be on medication. And medications are prescribed to you and I don't know but for what reason that you have and I know that people who take medication there are many reasons not to take them and you are one of those people who refuse to take their medication and, of course, the shortcoming is that you then try to excuse your behavior by the fact that you're not taking your medication. And obviously that didn't work with this Court this morning. And I'm strongly encouraging you to get on a medication program and take it because I feel confident it would

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