Dennis Charles Schmidt II v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledDecember 30, 2020
Docket1D20-0882
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D20-882
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DENNIS CHARLES SCHMIDT II,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Jackson County.
Wade Mercer, Judge.
December 30, 2020
PER CURIAM.
Dennis Charles Schmidt II appeals his judgment and sentence
after the trial court revoked his probation. He argues that after
revoking probation, the trial court had to modify or continue his
probation under section 948.06(2)(f), Florida Statutes (2019). But
because Schmidt did not qualify for sentencing under the statute,
we affirm.
Schmidt pleaded no contest to possession of
methamphetamine. The trial court withheld adjudication and
sentenced Schmidt to four years of probation. But two months after
sentencing, Schmidt violated three conditions of his probation: (1)
failing to report to the probation office, (2) changing his residence
without consent of his probation officer, and (3) failing to
successfully complete or remain in a rehabilitation program. The
State then moved to revoke Schmidt’s probation.
Before the revocation hearing began, Schmidt’s counsel urged
the trial court to sentence Schmidt under section 948.06(2)(f).
Because this was Schmidt’s first time violating probation, his three
violations were low-risk technical violations, and he was a non-
violent felony offender sentenced to probation, his counsel argued
that Schmidt qualified for sentencing under the statute.
But the trial court found that Schmidt did not qualify because
he violated three conditions of probation. The court found that a
probationer charged with violating more than one condition of
probation could not qualify for sentencing under the statute. Based
on this finding, Schmidt admitted to violating probation and
waived his right to an evidentiary hearing. But he preserved his
right to appeal the trial court’s ruling that he did not qualify for
sentencing under section 948.06(2)(f). The court then revoked
probation and sentenced Schmidt to eleven months and twenty-
nine days in county jail. This timely appeal follows.
Schmidt argues that the trial court erred when it found that
he did not qualify for sentencing under section 948.06(2)(f). We
review questions involving statutory interpretation de novo. State
v. Peraza, 259 So. 3d 728, 730 (Fla. 2018).
Section 948.06(2)(f) provides:
(f) . . . the court shall modify or continue a
probationary term upon finding a probationer in violation
when any of the following applies:
a. The term of supervision is probation.
b. The probationer does not qualify as a violent
felony offender of special concern, as defined in
paragraph (8)(b).
c. The violation is a low-risk technical violation, as
defined in paragraph (9)(b).5
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d. The court has not previously found the probationer
in violation of his or her probation pursuant to a filed
violation of probation affidavit during the current term of
supervision. A probationer who has successfully
completed sanctions through the alternative sanctioning
program is eligible for mandatory modification or
continuation of his or her probation.
To qualify for sentencing under the statute, Schmidt had to
meet all four conditions described in subsections a-d. See Owens v.
State, 303 So. 3d 993, 996 (Fla. 1st DCA 2020) (holding that
whether section 948.06(2)(f), Florida Statutes, applies to a
defendant who committed an offense before the statute was
amended, when imposing sentence for a violation of probation, a
trial court is limited under subsection 948.06(2)(f)1. to modifying
or continuing probation or imposing a sentence of up to 90 days in
county jail only when a defendant “meet[s] all four conditions of
subsection 948.06(2)(f)1.”).
Schmidt satisfied the conditions described in subsections a, b,
and d: he was on probation, he did not qualify as a violent felony
offender of special concern, and the court had never found Schmidt
in violation of his probation. The question is whether Schmidt, who
had multiple low-risk technical violations, satisfied the condition
described in subsection c—that “the violation is a low-risk
technical violation.”
To answer the question, we begin with the language of the
statute. See Halifax Hosp. Med. Ctr. v. State, 278 So. 3d 545, 547
(Fla. 2019). A statute’s plain language controls if the language is
unambiguous and conveys a clear and definite meaning.
Valleycrest Landscape Maint., Inc. v. State, Dept. of Revenue, 213
So. 3d 992, 995 (Fla. 1st DCA 2016). The language of section
948.06(2)(f)1.c. is unambiguous. The statute provides that “[t]he
violation is a low-risk technical violation, as defined in
paragraph (9)(b).” The use of the noun “violation” along with the
indefinite article “a” before the second mention of the word
“violation” requires a reading of “violation” as a singular noun. A,
MERRIAM-WEBSTER’S COLLEGIATE DICTIONARY (11th ed. 2003) (“a”
is “used as a function word before singular nouns”). The statute
thus limits the probationers eligible for sentencing under the
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statute to probationers with only one technical violation. And so,
we conclude that the plain language of the statute conveys a clear
and definite meaning to exclude from its applications probationers
who have more than one low-risk technical violation.
And when read in context with other provisions of the statute,
our conclusion that the statute is limited to probationers with
single violations finds additional support. See, e.g., Antonin Scalia
& Bryan A. Garner, READING LAW: THE INTERPRETATION OF LEGAL
TEXTS § 24, at 167 (2012) (stating that when interpreting a legal
text, courts should “consider the entire text, in view of its structure
and of the physical and logical relation of its many parts”). Section
948.06(2)(f)1.c. refers to paragraph 9(b) of the statute for the
definition of the term “low-risk violation. ” Paragraph (9)(b) in turn
provides that “the term ‘low-risk violation,’ when committed by a
probationer, means any of the following” and then enumerates
eleven types of violations. The use of the singular noun in
Paragraph (9)(b) supports our interpretation that section
948.06(2)(f)1.c. pertains only to a single technical violation of
probation.
In sum, we hold that the plain language of 948.06(2)(f)1.c. is
clear and unambiguous and applies only to probationers with a
single violation of probation. Because he had multiple violations,
Schmidt did not qualify for sentencing under the statute. And so,
the trial court did not err in revoking his probation and sentencing
him to county jail. Schmidt’s judgment and sentence are AFFIRMED.
ROWE, WINOKUR, and NORDBY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Andy Thomas, Public Defender, Megan Long and Kacey Lacey,
Assistant Public Defenders, Tallahassee, for Appellant.
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Ashley Moody, Attorney General, and Daren L. Shippy, Assistant
Attorney General, Tallahassee, for Appellee.
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