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3rd DCAApril 12, 2023Affirmed⭐ Notable

Altman v. State

Case No. 3D2021-1185

The Third DCA affirmed revocation of Altman's probation for leaving his county of residence and changing residence without consent, finding competent substantial evidence of a willful and substantial violation despite his claims of confusion over a transfer to South Carolina. The court also rejected arguments that the trial court improperly considered uncharged 'absconding' conduct and that Altman was entitled to resentencing before a different judge after the original judge imposed consecutive sentences following a courtroom outburst.

Key facts

  • Altman was on probation with a condition requiring him to remain in his county of residence and obtain consent before changing residence.
  • Altman repeatedly left his county of residence and relocated to South Carolina without his probation officer's consent, claiming confusion over a transfer.
  • +2 more key facts with a free trial

Why it matters

This opinion is useful for practitioners litigating probation revocations involving ambiguous supervision-transfer circumstances, providing guidance on what counts as 'uncharged conduct' when a court uses loaded terms… — full analysis with a trial

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