Spruill v. State, 93-2095
| Decision Date | 21 October 1994 |
| Docket Number | No. 93-2095,93-2095 |
| Court | Florida District Court of Appeals |
| Parties | 19 Fla. L. Weekly D2243 Bobby Lee SPRUILL, Sr., Appellant, v. STATE of Florida, Appellee. |
James B. Gibson, Public Defender, Nancy Ryan, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, Steven J. Guardiano, Asst. Atty. Gen., Daytona Beach, for appellee.
Bobby Lee Spruill, Sr., appeals the trial court's order which revoked his probation and placed him on two years community control followed by probation. We affirm the order revoking Spruill's probation, but we modify certain conditions of his probation and community control, reverse some of the fees and costs assessed against Spruill, and remand this cause to the trial court for further proceedings.
Spruill was convicted of organized fraud and 132 counts involving theft and fraudulent sale of securities and investments. Spruill was sentenced to a split sentence of fifteen years imprisonment followed by probation. As a condition of probation, he was ordered to pay $1,700,000 in restitution to his victims at the rate of $17,000 per month.
Upon his release from prison, pursuant to an informal arrangement with his probation officer, Spruill began paying $50 per month in restitution which, based upon his income, was within his ability to pay; however, after his probation officer allowed Spruill to move to Tennessee to be with his son, Spruill failed to continue to make the $50 monthly payments. Spruill claimed that he could not make these payments because he only worked for his son for room and board.
The trial court revoked Spruill's probation, finding that, although he could not pay the $17,000 monthly restitution payments, Spruill had not made a good faith effort to meet his obligation of restitution to the best of his financial ability. On appeal, Spruill challenges this ruling; however, the evidence is clear that Spruill had the ability to pay $50 per month restitution but failed to do so. The trial court, therefore, correctly concluded that Spruill did not make a good faith effort to meet his obligation to the best of his financial ability. See Stephens v. State, 630 So.2d 1090, 1091 (Fla.1994) (citing Bearden v. Georgia, 461 U.S. 660, 672-73, 103 S.Ct. 2064, 2072-73, 76 L.Ed.2d 221 (1983)).
Spruill additionally challenges the special conditions of his community control and probation which require him to remain in Marion County, Florida, unless permission is granted otherwise by the state attorney's office. The record reflects that Spruill's failure to make the $50 monthly restitution payments began when his probation officer allowed him to move to Tennessee and, thus, the trial court did not abuse its discretion in shifting control of Spruill's movements from his probation officer to the state attorney's office.
Spruill also objects to the special condition requiring him to find and maintain employment for 60 hours per week. On the authority of Johnson v. State, 636 So.2d 792 (Fla. 5th DCA 1994), and Armstrong v. State, 620 So.2d 1120 (Fla. 5th DCA 1993), we modify special conditions 30, 31,...
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