ROBERT A. MALDONADO, Appellant,
STATE OF FLORIDA, Appellee.
final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Fifteenth Judicial Circuit,
Palm Beach County; Glenn D. Kelley, Judge; L.T. Case No.
Haughwout, Public Defender, and Peggy Natale, Assistant
Public Defender, West Palm Beach, for appellant.
Moody, Attorney General, Tallahassee, and Deborah Koenig,
Assistant Attorney General, West Palm Beach, for appellee.
Maldonado appeals his guilty adjudications and sentences
following a revocation of probation hearing. The sole issue
raised on appeal is whether the court erred when it denied
his motion to suppress GPS monitoring evidence. We affirm the
court's order denying the motion to suppress and the
revocation of probation. But we remand for a written
probation revocation order that specifies the probation
provisions Maldonado violated.
2006, Maldonado was sentenced to two concurrent terms of
thirteen years in prison followed by four years of
sex-offender probation for his guilty pleas to sexual battery
with great force and armed burglary. The probation order did
not include the factual findings necessary for the court to
impose electronic monitoring under the 2006 version of
section 948.30(2)(e), Florida Statutes (effective Jan. 1,
Maldonado was released from prison, a probation data entry
employee marked him as requiring a GPS electronic monitor.
Based on the employee's notation, a GPS monitor was
placed on Maldonado even though, at the time of sentencing, a
probation officer did not recommend- and the circuit court
did not order-an electronic monitor as a probation condition.
his release from prison, a violation of probation affidavit
was filed alleging that Maldonado breached his probation when
he violated his mandatory curfew and committed new law
offenses of attempted felony murder, sexual battery,
kidnapping, carjacking, home invasion robbery, possession of
methamphetamine, and possession of contraband in a detention
the court had not ordered Maldonado to wear an electronic
monitor, Maldonado argued any evidence obtained from the
monitor was a Fourth Amendment violation and must be
suppressed. In response to Maldonado's motion to
suppress, the State argued the good-faith exception to the
exclusionary rule applied and should preclude exclusion.
State called three witnesses at the hearing on the motion to
suppress. A probation specialist testified that he supervised
Maldonado for ten days after Maldonado's release from
prison and that he reviewed the terms of the GPS monitor with
Maldonado. He testified that, generally, another probation
specialist and a prison employee review the relevant statute
and sentencing order to determine whether an electronic
monitor is required for the probationer. But, here, the
probation specialist did not personally confirm that
Maldonado was supposed to be on a monitor because he only had
the case for a short period. He testified that he typically
has a case for thirty days and reviews the file during that
time. But Maldonado moved to Boca Raton only ten days after
his release, and his case was assigned to a local probation
Maldonado's move to Boca Raton, a probation officer took
over the case from the probation specialist. The probation
officer testified that, only after Maldonado's arrest for
the new offenses, he learned Maldonado should not have been
on the electronic monitor. He testified that a Department of
Corrections classification officer made the initial mistake
of placing Maldonado on an electronic monitor. The
classification officer believed the victim of the sexual
offense was a child and, if the victim had been a child, a
GPS monitor was required under section 948.30(3)(a), Florida
Statutes (effective Jan. 1, 2006).
detective with the Palm Beach County Sheriff's Office
testified that he was asked to assist with an investigation
of a sexual battery that occurred the prior night. He
contacted the Department of Corrections to determine whether
any recent sex-offender releasees in the Boca Raton area
matched the description of a suspect in the sexual battery.
The Department of Corrections told the detective that