FL- Life sentence overturned for probation violation

9-19-2008 Florida:

PANAMA CITY — The First District Court of Appeal has overturned a circuit judge's sentence of a man who violated probation in a rape case because he didn't have $10.

Judge James R. Wolf wrote in the three-judge decision released this week that two of Johnny Easterling's probation violations that resulted in a life sentence were not willful and substantial violations. They sent Easterling's case back to Circuit Judge Allen Register's court in Washington County for "reconsideration of the (probation) revocation and sentencing decisions."

In 2005, Easterling entered into a plea agreement on three charges of sexual battery on children younger than 12, felony charges punishable by life in prison. He was put on two years of community control followed by 13 years probation. He was designated a sexual offender, meaning there were restrictions on where he could live and work.

He also had to register as a sexual offender and get an identification card with that label. The card costs $10, but Easterling didn't have the money when he applied for the card. He left the office and went to Bonifay to borrow the money from a friend. That trip, however, was not approved by his probation officer and constituted a violation of his community control.

Because Easterling did not immediately get the card, he also was charged with failing to register.

Register sentenced Easterling, 23, to three concurrent life sentences in July 2007, based on the probation violations.

Public Defender Herman Laramore said at the time Register was required by law to give Easterling the life sentences.

But Wolf wrote that Register erred by finding Easterling "willfully and substantially" violated the terms of his probation.

"The uncontradicted evidence demonstrates (Easterling) made a good faith effort to register and obtain a license," Wolf wrote. "The only reason he did not complete the registration was because he lacked $10 to obtain a new license. In fact, (Easterling) obtained the license after attempting to comply with the requirement three days later, as soon as he obtained the necessary funds. Merely because he did not take the wisest course of action, we cannot say the failure to register was willful and substantial." ..News Source.. by David Angier / News Herald Writer