Dominic SANTEUFEMIO, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Second District.
*1003 Robert L. Hambrick, Clearwater, for Appellant.
Robert A. Butterworth, Attorney General Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.
STRINGER, Judge.
Dominic Santeufemio appeals an order revoking his probation. Santeufemio argues that the trial court erred in conducting a probation revocation hearing in his absence. We affirm because Santeufemio waived his right to be present at the hearing.
Santeufemio was charged with several violations of his probation. A probation revocation hearing was scheduled on May 15, 1998. On that day, Santeufemio was present at the courthouse with his counsel. During the morning calendar call, Santeufemio's counsel learned that the trial court intended to impose a prison sentence if the State proved the alleged violations. Santeufemio's counsel informed him of the trial court's intentions. When Santeufemio's case was called approximately two hours later, he was not present in the courthouse. The trial court concluded that Santeufemio had voluntarily absented himself from the hearing and conducted the probation revocation hearing in absentia. Santeufemio was found to have violated the terms of his probation. In a subsequent hearing at which Santeufemio was present, the trial court sentenced him to sixty-six months in prison.
The purpose of a probation revocation hearing is to determine whether the terms of a defendant's probation for a prior crime have been violated. As such, a probation revocation hearing constitutes a deferred sentencing proceeding. See Green v. State,
The Supreme Court of Florida dealt with a situation similar to the present case in Capuzzo v. State,
In the present case, Santeufemio had notice of the scheduled probation revocation hearing, and he was present at the courthouse on the date of the hearing. Santeufemio voluntarily fled from the hearing. Therefore, the trial court did not abuse its discretion in revoking Santeufemio's probation in absentia.
Affirmed.
CAMPBELL, A.C.J., and FULMER, J., Concur.
