Legal Opinion

Charles v. State

District Court of Appeal of Florida

Decided November 2, 2016No. 4D15-3094PublishedCited by 1 opinion

1Opinion of the CourtDamoorgian, J.

Defendant, Clalibeltha Charles, appeals the revocation of her probation for technical violations and commission of a new law violation, and the resulting 40.5 month prison sentence. After carefully reviewing the record, we hold that the evidence against Defendant was insufficient to support the conclusion that she willfully violated the terms of her probation. See Shepard v. State, 939 So.2d 311, 313 (Fla. 4th DCA 2006) (“It is well-settled that probation may be revoked only upon a showing that the probationer deliberately and willfully violated one or more conditions of probation.”).

Factual…

2Cases cited7 opinions

  1. Van Wagner v. StateDistrict Court of Appeal of Florida · 1996
  2. Shepard v. StateDistrict Court of Appeal of Florida · 2006
  3. Thomas v. StateDistrict Court of Appeal of Florida · 1996
  4. Rainer v. StateDistrict Court of Appeal of Florida · 1995
  5. Williams v. StateDistrict Court of Appeal of Florida · 2005

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3Cited by1 opinion

  1. Ian M. Berg v. State of FloridaDistrict Court of Appeal of Florida · 2021

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