CARL GUY PIPER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (20 total)

• Savage v. State, 120 So. 3d 619 (Fla. 2d DCA 2013)
  …anania v. State, 855 So. 2d 92, 94 (Fla. 2d DCA 2003) (using term “preponderance” of the evidence) (citing Stevens v. State, 823 So. 2d 319, 321 (Fla. 2d DCA 2002)); Hightower v. State, 529 So. 2d 726, 727 (Fla. 2d DCA 1988) (citing Molina v. State, 520 So. 2d 320 (Fla. 2d DCA 1988)); Wheeler v. State, 344 So. 2d 630, 632 (Fla. 2d DCA 1977). Many appellate decisions state that a revocation order is reviewed for an abuse of discretion; in actuality, on appeal, we first assess whether the finding of a willful…

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• Steiner v. State, 604 So. 2d 1265 (Fla. 4th DCA 1992)
  …ward v. State, 484 So. 2d 1232, 1233 (Fla.1986); Ware v. State, 575 So. 2d 759 (Fla. 4th DCA 1991). Nonetheless, on appeal, the standard of review of an order of probation revocation is whether the trial court abused its discretion. Molina v. State, 520 So. 2d 320, 321 (Fla. 2d DCA 1988). In Stevens v. State, 599 So. 2d 254 (Fla. 3d DCA 1992), the Third District Court of Appeal reversed the trial court’s order revoking Stevens’ probation where there was evidence of only a technical violation of probation. In…
• Hightower v. State, 529 So. 2d 726 (Fla. 2d DCA 1988)
  …when he was placed on probation. A violation which triggers a revocation of probation must be willful and substantial and the willful and substantial nature of the violation must be supported by the greater weight of the evidence. Molina v. State, 520 So. 2d 320 (Fla. 2d DCA 1988); see also Drayton v. State, 490 So. 2d 229 (Fla. 2d DCA 1986). The record before this court is not clear as to whether High-tower was advised of the condition that he report to a probation officer. The lack of clarity on this poin…

Authorities Cited

• Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
• Sescon v. State, 506 So. 2d 45 (Fla. 2d DCA 1987)