Roseboro v. State, 86-2463
| Decision Date | 13 July 1988 |
| Docket Number | No. 86-2463,86-2463 |
| Citation | 13 Fla. L. Weekly 1670,528 So.2d 499 |
| Parties | 13 Fla. L. Weekly 1670 Rodney ROSEBORO, a/k/a Dennis Smith, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James Marion Moorman, Public Defender, Bartow, and Brad Permar, Asst. Public Defender, Clearwater, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.
The appellant, Rodney Roseboro, a/k/a Dennis Smith, challenges the judgment and sentence imposed upon him after he was found guilty of violating his probation. We affirm.
The appellant, under the name of Dennis Smith, was originally placed on two years probation after pleading guilty to the offense of second degree grand theft in violation of section 812.014(2)(b), Florida Statutes (1985). Approximately one month later, he was charged with violating his probation.
At the subsequent probation revocation hearing, the appellant's probation officer, Lisa White, testified that after the appellant had been advised of all of the terms and conditions of his probation, he violated condition eight by answering her inquiries untruthfully. As to condition eight, the appellant's true name was Rodney Roseboro, but he had advised Ms. White that his name was Dennis Smith and gave her other false information concerning the names of his family members. Ms. White also testified that the appellant informed her that he had never been arrested or in trouble as an adult. The state next called the appellant's parole officer as a witness. At that point, the appellant stipulated that he had been on parole for another crime when his probation officer executed the violation of probation affidavit. The appellant, testifying on his own behalf, admitted that his true name was Rodney Roseboro, and said that he had used the name Dennis Smith as an alias when he had been arrested in the past. He denied ever lying to his probation officer.
At the conclusion of the hearing, the trial court found the appellant guilty of violating the terms and conditions of his probation, revoked his probation, and imposed a guidelines sentence of five years in prison. This timely appeal followed.
The appellant does not challenge the trial court's finding that he violated the conditions of his probation. Rather, he contends that the violations were technical, trivial, and not substantial. We agree that in order to revoke probation the state must prove by the greater...
To continue reading
Request your trial
-
Garcia v. State, 96-02556
...that the probationer's actions amounted to a willful and substantial violation of a condition of probation. See Roseboro v. State, 528 So.2d 499 (Fla. 2d DCA 1988). Although hearsay is admissible in evidence at a probation revocation hearing, a revocation of probation may not be based solel......
-
Lopez v. State
...was sufficient to support a conclusion that Appellant did not truthfully respond to the officer's inquiries. See Roseboro v. State, 528 So.2d 499, 500 (Fla. 2d DCA 1988). The evidence indicates that Appellant made a conscious decision to leave his residence and made no reasonable effort to ......
-
Robaldo v. State, Case No. 2D02-4021 (FL 7/30/2004), Case No. 2D02-4021.
...the evidence that the defendant's actions amounted to a willful and substantial violation of community control. See Roseboro v. State, 528 So. 2d 499, 500 (Fla. 2d DCA 1988). "Although hearsay is admissible in evidence at a probation revocation hearing, a revocation of probation may not be ......
-
Mathis v. State, 95-2789
...to support revocation of appellant's probation if his probation had been revoked for lying to his probation officer. Roseboro v. State, 528 So.2d 499 (Fla. 2d DCA 1988).4 The supplemental conditions are obviously valid conditions of probation. The only question is whether appellant should h......