4D11-3592-Wayne Broome v. State

State: Florida

Court: Florida Southern District Court

Docket No: 4D11-3592.op

Case Date: 08/01/2012

Plaintiff: 4D11-3592-Wayne Broome

Defendant: State

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT

July Term 2012
WAYNE BROOME,
Appellant,
v.

STATE OF FLORIDA,
Appellee.
No. 4D11-3592
[August 1, 2012]
PER CURIAM.
We reverse the order of the trial court finding that appellant willfully and substantially violated the terms of his probation. As a condition of his probation, appellant was ordered to participate and complete a residential drug treatment program at First Step Sober House. Thereafter, an affidavit of violation of probation was filed, alleging that appellant violated the terms of his probation by being unsuccessfully discharged from the program.
At the final violation of probation hearing, the director of First Step testified that he terminated appellant from the program after he tested positive for oxycodone. However, due to his candor regarding this matter, the director told appellant that he would allow him back into the program if he returned five days later with a negative urinalysis. He testified that appellant expressed a willingness to re-enter the program and explained that he continued with treatment by voluntarily attending recovery meetings at the facility.
Five days after his temporary discharge, appellant tested negative for controlled substances. Based on the negative test, the director allowed him back into the program and temporarily placed him on a couch at First Step pending the result of a status hearing in an unrelated case two days later. However, following the status hearing, appellant was remanded into custody, thereby making it impossible for him to remain in the program. The director testified that appellant was going to be readmitted into the program if he was not taken into custody.
Following the violation of probation hearing, the trial court entered an order revoking appellant

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