Robinson v. State, 95-2622

Citation689 So.2d 1147
Decision Date26 February 1997
Docket NumberNo. 95-2622,95-2622
Parties22 Fla. L. Weekly D521 Christopher O. ROBINSON, Appellant, v. STATE of Florida, Appellee.
CourtCourt of Appeal of Florida (US)

WARNER, Judge.

We withdraw our previously issued opinion and substitute the following in its place.

The appellant challenges his sentence rendered after his probation was revoked. He claims that his habitual offender sentence must be reversed because of failure to comply with the provisions of Ashley v. State, 614 So.2d 486 (Fla.1993), that the court erred in revoking his probation for the violation of an illegal condition of probation, that the evidence did not show a willful, substantial and material violation, and that the written sentence did not conform to the trial court's oral pronouncement. Except as to the last issue, we affirm.

The appellant pled guilty to burglary, grand theft, and dealing in stolen property based upon a plea agreement which indicated that the state would be seeking to declare the appellant a habitual offender. The plea was accepted by the court, and the appellant was sentenced as a habitual offender. However, the court suspended his prison sentence and placed him on thirty years probation on one count and ten years probation on another count, all subject to the appellant successfully completing the sheriff's drug farm program, a six to twelve month program. Appellant requested that he go to the drug farm, as he testified that he needed help with his drug problem. There were other conditions of probation, but they are not in issue.

An affidavit of violation of probation was filed some five months after sentencing because appellant was being discharged from the drug farm for refusing service. After the hearing, appellant agreed to a modification of the probation order sending him back to the drug farm to restart the program at the orientation level. Appellant agreed to extend his term at the drug farm an additional 90 days.

Eight months later, another affidavit of violation of probation was filed because appellant had not successfully completed the program. Again, rather than face a hearing and the possible revocation of probation, appellant agreed to go back to the drug farm as well as to waive all credits for his prior time there.

A third and final affidavit for violation of probation was filed three months later alleging again that appellant violated his probation by failing to successfully complete the drug farm program. A hearing was held where testimony was offered by the state as well as appellant on whether there was a material violation. The trial court determined that appellant had violated probation and sentenced him as a habitual offender to concurrent terms of ten years in prison.

Appellant first contends that his habitual offender sentences must be reversed because he did not receive written notice of the state's intent to request habitualization, nor was he informed of the reasonable consequences of habitualization. Appellant did not present this argument to the trial court, did not appeal his original sentence, and did not move to withdraw his original plea. See Williams v. State, 691 So.2d 484 (Fla. 4th DCA 1997); Robinson v. State, 373 So.2d 898 (Fla.1979); Surinach v. State, 676 So.2d 997 (Fla. 3d DCA 1996); Heatley v. State, 636 So.2d 153 (Fla. 1st DCA 1994); Brown v. State, 616 So.2d 1137 (Fla. 4th DCA 1993). Therefore, he is entitled to no relief in this appeal on this point.

Appellant also argues that because the condition of probation to complete the drug farm program as modified by agreement exceeded twelve months, it constituted an illegal condition of probation. Appellant requested...

To continue reading

Request your trial
13 cases
  • Stanley v. State, 5D04-4154.
    • United States
    • Florida District Court of Appeals
    • 10 Marzo 2006
    ...violation is willful and substantial is a fact question for the court, unless an abuse of discretion can be shown. Robinson v. State, 689 So.2d 1147 (Fla. 4th DCA 1997). The motive, intent and attitude of the defendant should be left to the trial court to The trial court based part of its f......
  • Manon v. State, 97-3514.
    • United States
    • Florida District Court of Appeals
    • 8 Septiembre 1999
    ...evidence to support the determination." Anderson v. State, 711 So.2d 106, 108 (Fla. 4th DCA 1998) (citation omitted); Robinson v.. State, 689 So.2d 1147 (Fla. 4th DCA 1997). "[T]he evidence upon which to predicate a revocation introduced at the hearing must be sufficient to satisfy the cons......
  • L.G. v. State, 96-3281
    • United States
    • Florida District Court of Appeals
    • 12 Diciembre 1997
    ...the written order must conform to a clear and unambiguous oral pronouncement or sentence by the trial court. See also Robinson v. State, 689 So.2d 1147 (Fla. 4th DCA 1997); Murph v. State, 666 So.2d 197 (Fla. 2d DCA 1995); Bennett v. State, 588 So.2d 672 (Fla. 1st DCA 1991); Avery v. State,......
  • Anderson v. State, 97-2825
    • United States
    • Florida District Court of Appeals
    • 22 Abril 1998
    ...not be overturned on appeal unless the record shows that there is no evidence to support the determination. See Robinson v. State, 689 So.2d 1147, 1149 (Fla. 4th DCA 1997). Although hearsay evidence is admissible in probation revocation hearings, "hearsay alone is insufficient to establish ......
  • 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