Altman v. State
The Third District affirmed revocation of Altman's probation for leaving and changing his county of residence without permission, finding competent substantial evidence of a willful and substantial violation despite his claim of good-faith confusion about a pending interstate transfer. The court also rejected arguments that the trial judge improperly relied on uncharged 'absconding' conduct and that Altman was entitled to resentencing before a different judge after the original judge imposed consecutive sentences in apparent reaction to an insulting remark made by Altman during the hearing.
Key facts
- Altman was on probation and left his county of residence and relocated to South Carolina multiple times without his probation officer's consent.
- The trial court revoked Altman's probation based on willful and substantial violations, finding his claim of good-faith confusion about a pending interstate transfer unpersuasive.
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Why it matters
This opinion is useful for VOP practitioners on two fronts: it clarifies that a court's loose characterization of conduct (e.g., as 'absconding') does not amount to impermissible reliance on uncharged conduct so long as… — full analysis with a trial
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