Jose Rodriguez v. the State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledSeptember 30, 2020
Docket3D20-0460
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed September 30, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D20-0460
Lower Tribunal No. 09-28702
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Jose Rodriguez,
Appellant,
vs.
The State of Florida,
Appellee.
An appeal from the Circuit Court for Miami-Dade County, Alberto Milian,
Judge.
Carlos J. Martinez, Public Defender, and Manuel Alvarez, Assistant Public
Defender, for appellant.
Ashley Moody, Attorney General, and Kseniya Smychkouskaya, Assistant
Attorney General, for appellee.
Before EMAS, C.J., and SCALES, and MILLER, JJ.
PER CURIAM.
Appellant, Jose Rodriguez, challenges an order revoking his probation and
imposing a new term of supervision for his felony offenses. Cognizant that the lower
tribunal “is in the best position to evaluate the credibility of witnesses and on appeal
we are obligated to give great deference to the findings of the trial court,” Riggins
v. State, 830 So. 2d 920, 921 (Fla. 4th DCA 2002) (citations omitted), and violation
of a no contact order is sufficient, in certain circumstances, to demonstrate a “willful,
material, and substantial violation” of probationary conditions, here, we discern no
abuse of discretion and affirm. Davis v. State, 796 So. 2d 1222, 1225 (Fla. 4th DCA
2001); see Glee v. State, 731 So. 2d 759 (Fla. 4th DCA 1999).
Affirmed.
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