Erick Ascano v. State of Florida

Summary

The Third District Court of Appeal of Florida affirmed the revocation of Erick Ascano’s probation. The court held that the trial court did not abuse its discretion in finding Ascano’s probation violations willful, despite his claimed schizophrenia, manic-depressive episodes, and interruption in medication, because he presented no expert or corroborating evidence showing that his condition prevented compliance.

Holdings

1. The trial court did not abuse its discretion in finding that Ascano willfully violated probation. A conclusory claim of mental illness and being off medication, without evidence showing that the condition prevented compliance with probation or acquisition of replacement medication, was insufficient to establish that the violations were not willful.

Questions Presented

1. Whether the trial court abused its discretion by finding that Ascano's probation violations were willful despite his claim that mental illness and a lapse in medication prevented him from understanding or controlling his conduct.

Disposition

affirmed