Jean-Baptiste v. State

The trial court found that appellant had violated his probation based in part on the testimony of his substance abuse counsel- or, who testified that appellant had not finished his treatment, that he was discharged because he tested positive for marijuana, and that he had admitted to her that he had used drugs. Appellant argues that his communications with his counselor were privileged as mental health treatment communications under section 90.503, Florida Statutes (2004). We disagree.

The state argues that when appellant pled guilty to the earlier crime for which adjudication was withheld,…