Tharpe v. State

District Court of Appeal of Florida

Tharpe v. State

303 So. 2d 648, 1974 Fla. App. LEXIS 8335

CourtDistrict Court of Appeal of Florida

DecidedOctober 22, 1974

DocketNo. U-257

StatusPublished

This text of 303 So. 2d 648 (Tharpe v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tharpe v. State, 303 So. 2d 648, 1974 Fla. App. LEXIS 8335 (Fla. Ct. App. 1974).

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Opinion

PER CURIAM.

On August 6, 1971 appellant was placed on probation for two years. On July 23, 1973 his wife signed a complaint affidavit charging appellant with threatening her, harassing her, and firing a shot into her home. Two days later appellant was arrested for parole violation. He was also [649]*649charged with resisting arrest without violence. Appellant later signed a statement admitting that he had forged a check for $1,850.00. Following a hearing on rule to show cause the trial court concluded that appellant had violated the terms of his probation, whereupon probation was revoked and he was sentenced to four years in the State Prison. This appeal followed. As ground for reversal appellant asserts the identical point as was asserted in Sarles v. State, Fla.App. 1st 1974, 294 So.2d 95, relying upon Morrissey v. Brewer, 408 U. S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972) and Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973). We now respond sub judice as we did in Sarles, supra.

Affirmed.

RAWLS, C. J., and BOYER and Mc-CORD, JJ., concur.

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PER CURIAM.

On August 6, 1971 appellant was placed on probation for two years. On July 23, 1973 his wife signed a complaint affidavit charging appellant with threatening her, harassing her, and firing a shot into her home. Two days later appellant was arrested for parole violation. He was also [649]*649charged with resisting arrest without violence. Appellant later signed a statement admitting that he had forged a check for $1,850.00. Following a hearing on rule to show cause the trial court concluded that appellant had violated the terms of his probation, whereupon probation was revoked and he was sentenced to four years in the State Prison. This appeal followed. As ground for reversal appellant asserts the identical point as was asserted in Sarles v. State, Fla.App. 1st 1974, 294 So.2d 95, relying upon Morrissey v. Brewer, 408 U. S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972) and Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973). We now respond sub judice as we did in Sarles, supra.

Affirmed.

RAWLS, C. J., and BOYER and Mc-CORD, JJ., concur.

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303 So. 2d 648, 1974 Fla. App. LEXIS 8335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tharpe-v-state-fladistctapp-1974.

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