COVENY v. STATE (2010)

Troy COVENY, Appellant, v. The STATE of Florida, Appellee.

No. 3D08-2303.

Decided: January 27, 2010

Before RAMIREZ, C.J., and ROTHENBERG, J., and SCHWARTZ, Senior Judge.

Carlos J. Martinez, Public Defender, and Shannon P. McKenna, Assistant Public Defender, for appellant. Bill McCollum, Attorney General, and Nicholas Merlin, Assistant Attorney General, for appellee.

Because the trial court was, to say the least, free to reject the defendant's dubious explanation¹ for not reporting to the probation office as ordered, Adams v. State, 979 So.2d 921, 928 (Fla.2008) (“The trial court was well within its discretion in rejecting [a defendant's] excuse as unpersuasive”), the order revoking his probation on the ground that he willfully did not report is affirmed. See Carter v. State, 835 So.2d 259 (Fla.2002). The provision of the order stating that a basis for revocation was violating condition 5 was entered in error and is vacated.

Affirmed as amended.

FOOTNOTES

1. Among other things, the defendant claimed that he was confused that the day on which he was required to report was Friday, rather than Thursday, which it actually was, with the concomitant consequence that he thought that the next day-on which he also did not report-was Saturday, when he thought the office was closed.

SCHWARTZ, Senior Judge.

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Out of date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