GARY FULTON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2004-05-05

No. 4D02-4357

FARMER, C.J., GUNTHER and HAZOURI, JJ., concur.

871 So. 2d 1037 Florida District Court of Appeal, Fourth District (2004) Positive Treatment

Cited by 4 cases

Topics

Willful And Substantial Violation Probation Revocation Burden Of Proof

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Opinion of the Court

PER CURIAM.

Appellant, Gary Fulton, appeals from the trial court’s order revoking his probation for failure to pay restitution. He argues that his failure to pay was not willful or substantial. We agree.

“In order to support a revocation of probation, the State has the burden of proving by the greater weight of the evidence that the probationer’s violation was both substantial and willful.” Anderson v. State, 711 So. 2d 106, 108 (Fla. 4th DCA 1998).

Based upon the record on appeal, we find that the State failed to meet this burden of showing that appellant’s violation was both willful and substantial. We, therefore, reverse and remand for the reinstatement of appellant’s probation.

REVERSED and REMANDED.

FARMER, C.J., GUNTHER and HAZOURI, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Oertel v. State, 82 So. 3d 152 (Fla. 4th DCA 2012)

…A 1992), is identical to the case at bar. “In order to support a revocation of probation, the State has the burden of proving by the greater weight of the evidence that the probationer’s violation was both substantial and willful.” Fulton v. State, 871 So. 2d 1037 (Fla. 4th DCA 2004) (quoting Anderson v. State, 711 So. 2d 106, 108 (Fla. 4th DCA 1998)). However, a finding of a “substantial” violation must be made after “considering all of the terms of probation imposed.” Rathburn v. State, 353 So. 2d 902, 903…
Reggie Lee Cruz v. State, 81 So. 3d 501 (Fla. 4th DCA 2012)

…five years. This appeal followed. “In order to support a revocation of probation, the State has the burden of proving by the greater weight of the evidence that the probationer’s violation was [*503] both substantial and willful.” Fulton v. State, 871 So. 2d 1037 (Fla. 4th DCA 2004) (quoting Anderson v. State, 711 So. 2d 106, 108 (Fla. 4th DCA 1998)). However, a finding of a “substantial” violation must be made after “considering all of the terms of probation imposed.” Rathbum v. State, 353 So. 2d 902, 903 (…

Authorities Cited

Anderson v. State, 711 So. 2d 106 (Fla. 4th DCA 1998)

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