Summary
In Yancey, a proper evaluation had not been conducted, but, in this case, the record reveals that a psychosexual evaluation was conducted by Dr. Legum, a psychologist with extensive experience in evaluation and treatment of sex offenders.
Summary of this case from Archer v. StateOpinion
No. 88-1578.
August 22, 1989.
Appeal from the Circuit Court, Suwannee County, L. Arthur Lawrence, J.
William R. Slaughter, II, of Slaughter and Slaughter, Live Oak, for appellant.
Robert A. Butterworth, Atty. Gen., Gypsy Bailey, Certified Legal Intern. and Richard E. Doran, Acting Director, Asst. Atty. Gen., Tallahassee, for appellee.
Appellant, Terry Randolph Yancey, appeals an order revoking his probation for failure to comply with Condition 9 thereof. We reverse.
As a condition of his three year probation, appellant was ordered to submit himself to the local mental health agency "for evaluation and treatment of diagnosed needs," and to participate until satisfactorily discharged in any treatment programs developed for him. The facts contained in the record on appeal do not support a finding that Yancey willfully failed to comply with Condition 9 of his probation. Thomas v. State, 542 So.2d 475 (Fla. 1st DCA 1989); Scott v. State, 485 So.2d 40 (Fla.2d DCA 1986). To the contrary, the facts indicate that the mental health center failed to properly evaluate Yancey and to develop a program suitable to his needs, notwithstanding Yancey's expression of his belief that he did not need treatment. We therefore vacate the order revoking probation, and remand for reinstatement of the order placing Yancey on probation.
REVERSED and REMANDED.
SMITH and BARFIELD, JJ., concur.