CARDOSO v. STATE

No. 82-176.

421 So.2d 589 (1982)

Itapura CARDOSO a/K/a Japura Jose Cardoso, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 1, 1982.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Paul Morris, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Marty Rothenberg, Asst. Atty. Gen., for appellee.

Before HUBBART, C.J., and BARKDULL and NESBITT, JJ.


BARKDULL, Judge.

When there was evidence before a trial court in a probation violation proceeding that a defendant had the capacity to "understand" and the "intelligence" to be a "willing participant" in a Mentally Disordered Sex Offender Program and he had determined "not to cooperate" therein, a trial court will be sustained in revoking the defendant's probation.

The record in the instant case supports such a finding...

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