Legal Opinion

Johnson v. State

District Court of Appeal of Florida

Decided April 14, 2011No. 1D10-6531Published

1Per curiam

Appellant challenges the revocation of his probation based on his discharge from a drug treatment facility for writing an inappropriate unsolicited letter to a woman outside of the facility. We reverse because Appellant’s letter and subsequent discharge from the facility did not constitute a willful and substantial violation of his probation.

Successful completion of a drug treatment program was a condition of Appellant’s probation, but, for Appellant’s failure to complete the program to be a willful violation of probation, the evidence must show that he was at fault or “in some manner…

2Cases cited3 opinions

  1. State v. CarterSupreme Court of Florida · 2002
  2. Bennett v. StateDistrict Court of Appeal of Florida · 1996
  3. Rubio v. StateDistrict Court of Appeal of Florida · 2002

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