State ex rel. Russell v. McGlothin, 82-2883
| Decision Date | 18 February 1983 |
| Docket Number | No. 82-2883,82-2883 |
| Citation | 427 So.2d 280 |
| Parties | STATE of Florida, ex rel. James T. RUSSELL, as State Attorney in and for Pinellas County, Florida, Petitioner, v. Robert A. McGLOTHIN and Crockett Farnell, as Circuit Judge in and for Pinellas County, Florida, Respondents. |
| Court | Florida District Court of Appeals |
James T. Russell, State Atty., and Larry Sandefer, Asst. State Atty., Clearwater, for petitioner.
Jerry Hill, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for respondent McGlothin.
The state of Florida petitions for common law certiorari challenging the order below which dismissed the warrant charging the defendant, Robert McGlothin, with two violations of his probation. The defendant was charged with violating his probation by 1) failing to live and remain at liberty without violating any law, and 2) by changing his residence without permission. The state, however, does not contest the dismissal of the second charge.
At the probation revocation hearing, the defendant's probation officer testified that on September 21, 1982, the defendant admitted that he sold hashish and marijuana. The defendant also admitted to the probation officer that the sale took place on September 20, 1982--two months after defendant was placed on probation.
The defendant orally moved to dismiss the warrant. The court granted the motion and dismissed both charges. The court held that:
1. Sale of controlled substances by the Defendant is a significant act.
2. Sale of a controlled substance by the Defendant is an action that would merit revocation of probation.
3. The Defendant admitted to his probation officer that he knowingly sold controlled substances during his probationary period, that the Defendant was on probation at the time and currently, that selling a controlled substance would violate a condition of defendant's probation.
4. That an admission to a crime by a probationer to his probation officer, without a corpus delicti of said crime, is insufficient evidence as a matter of law to revoke defendant's probation.
The trial court's finding in paragraph 4 is an erroneous statement of the law. In Johnson v. State, 378 So.2d 108 (Fla. 4th DCA 1980), the defendant admitted to his supervisor that he used heroin subsequent to the imposition of his probation. At the hearing, the defendant denied making the statement but the trial judge was at liberty to believe that he did. The court held that a defendant's admission against interest, as opposed to...
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Diaz v. Fla. Comm'n On Offender Review
...to a supervision violation is sufficient grounds for a finding of guilt and subsequent revocation of early release. Russell v. McGlothin, 427 So. 2d 280 (Fla. 2nd DCA 1983); Russell v. Fla. Parole Comm'n, 946 So. 2d 32 (Fla. 1st DCA 2006).Further, the Court finds the decision in Cruz to be ......
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...178 Ill.App.3d 681 [128 Ill.Dec. 33, 533 N.E.2d 1121]; Commonwealth v. Kavanaugh (1984) 334 Pa.Super 151 ; State ex rel. Russell v. McGlothin (Fla.App.1983) 427 So.2d 280; Shumaker v. State (Ind.Ct.App.1982) 431 N.E.2d 862; Selph v. State (1978) 264 Ark. 197 ; State v. Lay (1976) 26 Ariz.Ap......
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State ex rel. Washington v. Schwarz
...differs so substantially from a criminal prosecution, the corpus delicti rule is inapplicable"); State ex rel. Russell v. McGlothin, 427 So.2d 280, 282 (Fla. Dist. Ct. App. 1983); People v. Woznick, 663 N.E.2d 1037, 1039 (Ill. App. Ct. 1996) ("a trial court may revoke a defendant's probatio......
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Hanania v. State
...where, as is arguably the case here, there is no independent evidence of the corpus delicti of the crime. State ex rel. Russell v. McGlothin, 427 So.2d 280, 282 (Fla. 2d DCA 1983). To determine whether Mr. Hanania sufficiently alleged deficient performance and prejudice in a way that is not......