Antinarelli v. State
Antinarelli v. State
Opinion of the Court
Thomas Antinarelli appeals the judgment and sentence imposed following a violation of probation hearing. We affirm.
In April 1999, Antinarelli was sentenced as a habitual felony offender to a split sentence of eighteen years in the Department of Corrections followed by twelve years' probation. During his probationary period, he was arrested on charges of sexual battery, false imprisonment, and violating his probation. An officer subsequently filed violation of probation affidavits alleging two violations of condition 5 based on the charges of sexual battery and false imprisonment, and a violation of condition 6 based on association with a person engaged in criminal activity.
*1003The court held Antinarelli's violation of probation hearing in conjunction with his criminal trial. Although the jury acquitted Antinarelli on the sexual battery and false imprisonment charges, the trial court, utilizing the lower burden of proof, found that the State established the allegations in the violation of probation affidavits by a preponderance of the evidence. See Hill v. State,
The court's orders found Antinarelli "in violation of probation conditions (5(X3), 6)." Based on transcripts of the trial and sentencing hearing, the court found that Antinarelli violated his probation by committing two sexual offenses, falsely imprisoning the victim, and associating with a person engaged in criminal behavior. However, the portions of the orders stating "(5(X3)" improperly added an uncharged act, as Antinarelli was charged only with two violations of condition 5. E.g., Manis v. State,
AFFIRMED and REMANDED for correction of scrivener's errors.
EVANDER, C.J. and EISNAUGLE, J., concur.
The victim in this case was a prostitute.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.