CRANZ v. STATE (2003)

District Court of Appeal of Florida,Third District.

Nicholas CRANZ, Appellant, v. The STATE of Florida, Appellee.

No. 3D02-3105.

Decided: September 24, 2003

Before RAMIREZ and WELLS, JJ., and NESBITT, Senior Judge.

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Assistant Public Defender, for appellant. Charles J. Crist, Jr., Attorney General, and Consuelo Maingot (Ft. Lauderdale), Assistant Attorney General, and Melissa Vaughan Rubin, Certified-Out-Of-State Practitioner, for appellee.

In this case the defendant's community control was held to have been violated (1) for being briefly absent from his residence to retrieve a birthday present from his parked car for his son, and (2) for being only a short distance away buying cigarettes. Defendant was otherwise complying with community control and all other special terms and conditions of his probation and the trial judge expressed his belief in the defendant's explanation for his absences from the home. The greater weight of the evidence did not show that the two acts should have been considered as a willful and substantial violation of the community control. McCray v. State, 754 So.2d 776 (Fla. 3d DCA 2000); Dassau v. State, 731 So.2d 86 (Fla. 3d DCA 1999). Inept or negligent conduct is insufficient to demonstrate willfulness. McCray, supra, at 778.

Accordingly, the revocation of defendant's community control is reversed.

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network