FREDERICK JOHNSON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• VAN Wagner v. State, 677 So. 2d 314 (Fla. 1st DCA 1996)
  …bation ... in a material respect.” § 948.06(3), Fla.Stat.(1995). While it has been said that a “trial court has the inherent power to revoke probation for misconduct which demonstrates the probationer’s unfitness for probation.” Washington v. State, 579 So. 2d 400, 401 (Fla. 5th DCA 1991), most cases reflect the view that “[pjrobation may be revoked only upon a showing that the probationer deliberately and willfully violated one or more conditions of probation.” Steiner v. State, 604 So. 2d 1265, 1267 (Fla. 4…
• Steiner v. State, 604 So. 2d 1265 (Fla. 4th DCA 1992)
  …s, his failure to do so is not willful). Accordingly, the court in Scott concluded that the state did not establish that Scott had willfully violated his terms of probation, and it reversed the order of revocation. Id. See also Washington v. State, 579 So. 2d 400, 401-02 (Fla. 5th DCA 1991) (probationer’s failure to fulfill the technical terms of his probation could not constitute a violation sufficient to revoke his probation); Molina, 520 So. 2d at 321-22 (any violation of probation must be willful; theref…
• Ladon Maurice Green v. State, 620 So. 2d 1126 (Fla. 1st DCA 1993)
  …ient to trigger revocation “must be substantial and the willful and substantial nature of the violation must be supported by the greater weight of the evidence.” Johnson v. State, 561 So. 2d 1254, 1255 (Fla. 2d DCA 1990). Accord Washington v. State, 579 So. 2d 400, 402 (Fla. 5th DCA 1991). It is incumbent upon the state to establish that a defendant willfully violated the terms of his probation. Jacobsen v. State, 536 So. 2d 373 (Fla. 2d DCA 1988). See also Yancey v. State, 547 So. 2d 1040, 1042 (Fla. 1st DCA…

Authorities Cited

• Romerio Latee Walker v. State, 567 So. 2d 546 (Fla. 2d DCA 1990)