Osborne v. State
Osborne v. State
Opinion of the Court
Kevin S. Osborne ("Petitioner") petitions this Court for a writ of certiorari to quash the trial court's order denying his motions to modify probation. We deny the petition.
In December 2016, Petitioner pled no contest to resisting a law enforcement officer without violence, felony fleeing, battery on a person 65 years of age or older, and child abuse without great bodily harm. Pursuant to a negotiated plea agreement, Petitioner was sentenced to three years' incarceration, followed by seven years of probation.
In October 2018, Petitioner filed two motions seeking to rescind or modify the conditions of his probation. Specifically, Petitioner sought to modify the conditions requiring that he live with his father and wear an ankle monitor. In a single order, the trial court summarily denied both motions. Relying on Stuart v. State ,
Section 948.03(2), Florida Statutes (2018), provides that a trial court may rescind or modify the terms and conditions of probation at any time during the probationary period. While section 948.06, Florida Statutes (2018), requires notice and a hearing before a court may modify a probationary sentence with enhanced or additional terms, nothing in chapter 948 requires a court to hold an evidentiary hearing upon receipt of a motion seeking modification of previously imposed conditions. See , e.g. , Clark v. State ,
Despite this, the Second District Court of Appeal held in Stuart and Dukharan v. State ,
In this case, Petitioner's motions did not seek enhanced probationary terms; rather, the motions sought rescission and modification of his existing probationary conditions. Thus, the notice and hearing requirements of section 948.06 are not applicable. Because section 948.03(2) does not contain similar requirements, the court properly considered Petitioner's motions without a hearing. See Cont'l Heritage Ins. Co. v. State ,
PETITION FOR WRIT DENIED.
COHEN and GROSSHANS, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.