Johnson v. State
Johnson v. State
Opinion of the Court
Appellant, while on probation, committed a battery on his girlfriend, resulting in revocation of probation and sentencing to state prison on the underlying offense. We affirm the revocation but vacate the sentence and remand for further proceedings.
We find from the record clear evidence to support the court’s finding that appellant had wilfully violated a condition of his probation as charged. Appellant argues here, however, that the court erred in also finding that appellant had wilfully violated a condition of probation for which he was not charged. That issue arises from the fact that the court, after finding that appellant had violated the condition charged in the affidavit, made the passing observation that appellant had violated another condition, i.e., he had violated the “no contact” provision (a violation not charged in the affidavit of violation). The state concedes that the court’s observation in this respect was erroneous since the “no contact” provision in the order of probation was .as to named persons other than the girlfriend. It is apparent that this passing comment, though factually erroneous, did not enter into the court’s previously stated decision to revoke probation, and, therefore, is not a basis for reversal.
Appellant testified at the hearing. Prior to sentencing, defense counsel moved for a competency hearing based, she asserted, on appellant’s in-court testimony.
Revocation affirmed; sentence vacated and remanded.
. While we acknowledge that the cold record of a person's in-court testimony may not necessarily give a dependable picture of his or her competency, appellant's testimony was somewhat bizarre to say the least.
Reference
- Full Case Name
- Frank JOHNSON v. STATE of Florida
- Cited By
- 4 cases
- Status
- Published