Sharpston v. State, 895 So. 2d 1225 (Fla. 2d DCA 2005). · Go Syfert
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Sharpston v. State, 895 So. 2d 1225 (Fla. 2d DCA 2005). Cases Citing This Book View Copy Cite
15 citation events (15 in the last 25 years) across 1 distinct court.
Strongest positive: Gabriel Jimenez Contreras v. State of Florida, No. 17-4989 (Fla. 2d DCA June 19, 2019)
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At page 1226 “not once was sharpston asked whether he actually committed the crime.” · 6 citing cases3 citing courts quote it
  • Gabriel Jimenez Contreras v. State of Florida, No. 17-4989 (Fla. 2d DCA June 19, 2019).
    (Not once was Sharpston asked whether he actually committed the crime.)
  • Contreras v. State, 274 So. 3d 532 (Fla. 2d DCA 2019). 2 cites
    (Not once was Sharpston asked whether he actually committed the crime.)
  • Cerny v. State, 65 So. 3d 609 (Fla. 2d DCA 2011). 2 cites
    Under the circumstances of this case, double jeopardy does not bar a second revocation proceeding on remand based on the filing of a new affidavit alleging the same violations, see Boyd v. State, 1 So.3d 1186, 1188 (Fla. 2d DCA 2009); Reev…
  • Hernandez v. State, 33 So. 3d 143 (Fla. 2d DCA 2010). 2 cites
    “e[t]he Florida Statutes do not authorize, nor would our constitution permit, a permanent revocation of probation based solely upon proof of an arrest during the probationary period”
  • Robinson v. State, 907 So. 2d 1284 (Fla. 2d DCA 2005).
    As this court recently stated in Sharpston v. State, 895 So.2d 1225, 1226 (Fla. 2d DCA 2005) (quoting Hines v. State, 358 So.2d 183, 185 (Fla. 1978)), "`the Florida Statutes do not authorize, nor would our constitution permit, a permanent…
  • Humbert v. State, 933 So. 2d 726 (Fla. 2d DCA 2006).
    (reversing revocation in which the violation was based solely on defendant's arrest)
Retrieving the full opinion text from the archive…
Robert SHARPSTON, Appellant,
v.
STATE of Florida, Appellee.
2D04-1939.
District Court of Appeal of Florida, Second District.
Mar 2, 2005.
895 So. 2d 1225
2005 WL 473965
Northcutt.
Cited by 9 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: bottom 81%
Citer courts: District Court of Appeal of Fl… (2)

James Marion Moorman, Public Defender, and Susan Martin, Special Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Tiffany Gatesh Fearing, Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Judge.

A revocation of probation based solely upon proof of an arrest is improper. For this reason, we reverse the revocation of Robert Sharpston's probation.

[*1226] As the supreme court has explained, "[t]he Florida Statutes do not authorize, nor would our constitution permit, a permanent revocation of probation based solely upon proof of an arrest during the probationary period." Hines v. State, 358 So.2d 183, 185 (Fla.1978). At the revocation hearing, defense counsel stated that Sharpston wanted to admit being arrested; the judge informed Sharpston that he allegedly violated probation by being arrested for petit theft; and Sharpston agreed. Not once was Sharpston asked whether he actually committed the crime. Therefore, we are compelled to reverse. See, e.g., Stevenson v. State, 843 So.2d 1044 (Fla. 2d DCA 2003); Ontiveros v. State, 746 So.2d 1174 (Fla. 2d DCA 1999); Manies v. State, 621 So.2d 679 (Fla. 2d DCA 1993). We note that on remand, the State is not precluded from attempting to prove a violation based on the same circumstances as long as the period of supervision has not expired. See Wilson v. State, 842 So.2d 237 (Fla. 2d DCA 2003). Our disposition renders Sharpston's other issue on appeal moot.

Reversed and remanded.

CASANUEVA and KELLY, JJ., concur.