Young v. State, AB-278
| Decision Date | 22 June 1981 |
| Docket Number | No. AB-278,AB-278 |
| Citation | 399 So.2d 1082 |
| Parties | Randy YOUNG, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Randy Young, in pro. per.
Jim Smith, Atty. Gen., Tallahassee, for appellee.
This appeal seeks review of an order which denied without hearing appellant's Rule 3.850 motion for post-conviction relief. We reverse and remand for an evidentiary hearing.
Appellant's motion alleged that upon his conviction on a charge of involuntary sexual battery, he was sentenced to one year in jail and six years on probation; that a condition of probation was that he make restitution to his victim and pay a monthly supervision cost of $10.00; that while on probation he was arrested for violation of the above condition; that he was indigent and without funds to make the payments required as a condition of probation; that the court appointed the public defender to represent him at the revocation proceeding, but the public defender neither contacted him nor appeared at his revocation hearing: that at the revocation hearing the trial court made no finding of fact as to his ability to make the payments required as a condition of probation, the determination of which is required for a finding of violation based solely on the nonpayment of costs; and that he did not willfully avoid such payment.
An indigent probationer is entitled to counsel at a hearing on revocation of probation. Gargan v. State, 217 So.2d 578 (Fla. 4th DCA 1969). Presumably, counsel would have known that probation cannot be revoked solely for violation of a condition requiring payment without a factual determination by the court that the probationer was in fact able to make payments. Jones v. State, 360 So.2d 1158 (Fla. 1st DCA 1978), reh. denied; Robbins v. State, 318 So.2d 472 (Fla. 4th DCA 1975).
The motion for post-conviction relief was sufficient on its face, and in the absence of a copy of that portion of the files and records conclusively showing that the movant is entitled to no relief, an evidentiary hearing is required. Barfield v. State, 348 So.2d 621 (Fla. 4th DCA 1977); Martin v. State, 349 So.2d 226 (Fla. 4th DCA 1977); Fla.R.App.P. 9.140(g).
Depending upon the outcome of such hearing, and a further determination by the court as to whether appellant's probation was properly revoked, the trial court will have the opportunity to review the sentence imposed upon appellant in light...
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Nova v. State
...the case conclusively show that the prisoner is entitled to no relief " that the motion can be denied without hearing. Young v. State, 399 So.2d 1082 (Fla. 1st DCA 1981); Jones v. State, 384 So.2d 736 (Fla. 4th DCA 1980); Barfield v. State, 348 So.2d 621 (Fla. 4th DCA 1977); Fla.R.App.P. 9.......
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Sanderson v. State, AV-248
...it is possible--then the instant case is an obvious candidate. We do not believe that this court's previous opinion in Young v. State, 399 So.2d 1082 (Fla. 1st DCA 1981), requires a different result. Although the court stated that "an indigent probationer is entitled to counsel at a hearing......
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Holmes v. State, AR-5
...with appellant's contention. An indigent probationer is entitled to counsel at a hearing on revocation of probation. Young v. State, 399 So.2d 1082 (Fla. 1st DCA 1981). The determination of nonindigency of a defendant prior to denying him appointment of counsel must be made on as complete a......
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Haynes v. State, AR-78
...alleged in Counts 3 and 5 of the affidavit of probation. See Winfield v. State, 406 So.2d 50 (Fla. 1st DCA 1981); Young v. State, 399 So.2d 1082 (Fla. 1st DCA 1981). Count 4 of the affidavit alleged that contrary to his probation officer's instruction, defendant went to his wife's house on ......