EDGAR RAYMOND PETERSON, APPELLANT,

v.

PATRICIA CORENE PETERSON, APPELLEE

Citator

Cited By

• Theron Thomas v. State, 672 So. 2d 587 (Fla. 4th DCA 1996)
  …house manager testified that, “[t]o say he didn’t try would be wrong or unfair.” To support a revocation of probation, there must be a showing that the probationer deliberately and willfully violated one or more of its terms. See Jackson v. State, 622 So. 2d 1027, 1029 (Fla. 4th DCA 1993); Steiner v. State, 604 So. 2d 1266, 1267 (Fla. 4th DCA 1992); Chatman v. State, 365 So. 2d 789 (Fla. 4th DCA 1978). “When a defendant’s probation is sought to be revoked because of his failure to successfully complete a des…
• Dassau v. State, 731 So. 2d 86 (Fla. 3d DCA 1999)
  …9 So. 2d 1195 (Fla. 3d DCA 1996). Inept or negligent conduct is insufficient to demonstrate a willful violation. See Thomas v. State, 672 So. 2d 587 (Fla. 4th DCA 1996); Stevens v. State, 599 So. 2d 254 (Fla. 3d DCA 1992). See also Jackson v. State, 622 So. 2d 1027 (Fla. 4th DCA 1993)(merely asserting defendant not at home insufficient to establish defendant was not at approved activity). In this case, it would appear community control is serving its purpose: Dassau was holding two jobs — sanctioned by his p…
• Teich v. State, 776 So. 2d 1084 (Fla. 4th DCA 2001)
  …nted to Your Honor that it was not willful or substantial.” [e.s.] The court refused the state’s request without explanation. A violation triggering revocation of community control must be deliberate, willful and substantial. See Jackson v. State, 622 So. 2d 1027, 1029 (Fla. 4th DCA 1993); Steiner v. State, 604 So. 2d 1265 (Fla. 4th DCA 1992). The state bears the burden of proving the willful and substantial nature of the violation by the greater weight of the evidence. See Jackson, 622 So. 2d at 1029; Ander…

Authorities Cited

• Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)