Hunt v. State
Hunt v. State
Opinion of the Court
Defendant appeals from a revocation of probation. For the following reasons, we reverse.
At the revocation hearing, the trial court expressed confusion over whether, rather than revoking probation that had been imposed in 1992, it could instead impose more severe probation terms. The court believed that the defendant was amenable to continued therapy and treatment. The court determined that it lacked such discretion, and revoked defendant’s probation, urging defense counsel to seek review in this court.
Section 948.06(3), Florida Statutes (1991), provides that “[u]pon the probationer or offender being brought before it, the court which granted the probation or community control may revoke, modify, or continue the probation or community control.” (Emphasis added.) The statute thus grants the trial court the discretion to modify the probationary sentence rather than revoke it.
Accordingly, we reverse and remand to allow the trial court to exercise its discretion and reconsider the revocation of probation in light of this opinion.
Reversed and remanded with directions.
. Of course, the trial court may choose to exercise its discretion to arrive at the same conclusion that it previously reached.
Dissenting Opinion
(dissenting)
Respectfully, I must disagree with the majority opinion to the extent that it suggests that a trial judge may effectively modify a probationary sentence after a violation, and impose what effectively amounts to a downward departure ■ sentence without providing valid written reasons therefor.
On May 19, 1992, Robert Hunt pled guilty to six counts of lewd assault.
I have no dispute with the majority’s assertion that a trial judge does have discretion to modify rather than revoke probation upon a finding of a violation. Section 948.06 of the Florida Statutes makes that very clear. Where, however, the trial judge does elect to modify a probationary sentence after a violation to impose what is tantamount to a downward departure sentence, this court has said that contemporaneous written reasons for the departure sentence are required. State
Thus, where the trial court below found that Hunt had violated the terms of his probation and the court made it clear on the record that it could articulate no valid reasons for its proposed downward departure from the sentencing guidelines, I believe that the court below correctly determined that it had no alternative but to impose a guideline sentencing on Hunt. Accordingly, we must affirm the judgment under review.
. At the time, Hunt was already on probation for an unrelated offense.
Reference
- Full Case Name
- Robert HUNT v. The STATE of Florida
- Cited By
- 1 case
- Status
- Published