TERRI MCCULLOUGH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TERRI MCCULLOUGH, APPELLANT,
STATE OF FLORIDA, APPELLEE
616 So. 2d 198
Florida District Court of Appeal, Second District (1993)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant, Terri McCullough, challenges the trial court’s order revoking her probation for failing to pay restitution. We reverse.
Probation may be revoked only upon a showing that the violation was willful and substantial, and in this case there was no such showing. See Hewett v. State, 613 So. 2d 1305 (Fla.1993). Accordingly, we reverse, and since the appellant’s probationary period has expired, upon remand, the trial court should enter an order terminating her probation.
Reversed and remanded.
LEHAN, C.J., and SCHOONOVER and ALTENBERND, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Burgin v. State, 623 So. 2d 575 (Fla. 1st DCA 1993)…is v. State, 610 So. 2d 36 (Fla. 2d DCA1992). A violation which triggers a revocation of probation must be “willful and substantial.” Hewett v. State, 613 So. 2d 1306 (Fla.1993); Gibbs v. State, 609 So. 2d 76 (Fla. 1st DCA1992); McCullough v. State, 616 So. 2d 198 (Fla. 2d DCA1993); Harris, 610 So. 2d at 36. Alleged violations must be proven by the greater weight of the evidence. McPherson v. State, 530 So. 2d 1095, 1097 (Fla. 1st DCA1988). In McPherson, this court held that a failure to file monthly reports…
Authorities Cited
- Hewett v. State, 613 So. 2d 1305 (Fla. 1993)