Strunk v. State, No. 98-2329
| Citation | 728 So.2d 320 |
| Decision Date | 26 February 1999 |
| Docket Number | No. 98-2330., No. 98-2329 |
| Parties | Angela STRUNK and Robert Strunk, Appellants, v. STATE of Florida, Appellee. |
| Court | Court of Appeal of Florida (US) |
James B. Gibson, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Maximillian J. Changus, Assistant Attorney General, Daytona Beach, for Appellee.
Angela and Robert Strunk, husband and wife, appeal separate orders violating their probation and sentencing each of them to six months of incarceration. They separately appeal, and because the trial court held one hearing as to both defendants, we have consolidated both cases for our review, and affirm. Both appellants had been convicted on various drug charges, and were placed on supervised probation. After several months, affidavits were filed charging each of them with violation of certain conditions of their probation. Both were charged with failure to submit a report to the probation officer for the month of December, 1997, and with failure to pay certain costs of investigation and court costs. In addition, Angela Strunk was charged with failure to comply with treatment conditions at the Altamonte Center for Counseling Services. At the consolidated hearing Robert Strunk did not testify. Angela Strunk testified and verified the probation officer's testimony that both she and her husband had failed to report to the probation office in January, 1998 and had not submitted a written report for the previous month. Although she gave extensive testimony as to her financial condition and her husband's lack of finances to evidence their combined inability to meet the financial conditions of probation, she offered no reason whatever for failure to file the written report as required. When asked why she and her husband had failed to appear at the probation office and file their written report, she replied "I don't know."
The trial court dismissed all charges against both appellants except that for failure to file the reports, found that such failure was wilful and substantial, revoked their probation and sentenced each to a term of six months in jail. Appellants now argue that the failure to file a single monthly report cannot be considered a substantial violation of probation.
In Shaw v. State, 391 So.2d 754 (Fla. 5th DCA 1980), cited by appellants, we held that the failure to file a monthly...
To continue reading
Request your trial
-
State v. Carter
...April 30, 1999), which expressly and directly conflicts with Schwartz v. State, 719 So.2d 965 (Fla. 4th DCA 1998), and Strunk v. State, 728 So.2d 320 (Fla. 5th DCA 1999). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. Because the district court in Carter applied a per se rule to t......
-
Arndt v. State, 5D01-2373.
...violated a substantial condition of his probation. See Rothery v. State, 757 So.2d 1256, 1258 (Fla. 5th DCA 2000); Strunk v. State, 728 So.2d 320, 321 (Fla. 5th DCA 1999); Anderson v. State, 711 So.2d 106 (Fla. 4th DCA 1998); Garcia v. State, 701 So.2d 607 (Fla. 2d DCA 1.See Arndt v. State,......
-
Delee v. State, 3D01-1004.
...a material, substantial violation of probation. While we recognize there may be exceptions, we find once is enough. See Strunk v. State, 728 So.2d 320 (Fla. 5th DCA 1999)(failure to file one monthly report sufficient ground for revocation); Schwartz v. State, 719 So.2d 965 (Fla. 4th DCA 199......
-
Rothery v. State, 5D99-2273.
...by a preponderance of evidence, that the defendant willfully violated a substantial condition of his probation. Strunk v. State, 728 So.2d 320, 321 (Fla. 5th DCA 1999); Fields v. State, 737 So.2d 1156 (Fla. 2d DCA 1999); Crume v. State, 703 So.2d 1216, 1217 (Fla. 5th DCA 1997). Prior to vio......