STATE OF FLORIDA, APPELLANT,

v.

THE COMMITMENT OF GERALD TIMMS, APPELLEE

Citator

Cited By

• Savage v. State, 120 So. 3d 619 (Fla. 2d DCA 2013)
  …and substantial violation is supported by competent substantial evidence. See Cerny v. State, 65 So. 3d 609, 613-14 (Fla. 2d DCA 2011) (Altenbernd, J., concurring specially); Hicks v. State, 890 So. 2d 459, 460 (Fla. 2d DCA 2004); Glasier v. State, 849 So. 2d 444, 445 (Fla. 2d DCA 2003) (affirming revocation where competent substantial evidence supported trial court’s finding of willful and substantial violation). The term “competent substantial evidence” does not relate to the quality, character, convincin…
• Davis v. State, 867 So. 2d 608 (Fla. 2d DCA 2004)
  …ayments is, by itself, insufficient to support a revocation of community control. The State must also present evidence establishing that the defendant was able to pay in order to demonstrate the willful nature of the violation. See Glasier v. State, 849 So. 2d 444, 445 (Fla. 2d DCA 2003); McCoy, 730 So. 2d at 804. Here, not only did the State fail to establish that Davis had the financial ability to pay the court-awarded costs but also Davis presented evidence demonstrating that he lacked the financial abili…
• Enden A. Reed v. State, 865 So. 2d 644 (Fla. 2d DCA 2004)
  …as unemployed and his rent was $400 per month. He also testified that he had no electricity or car and that he was receiving food stamps. A violation of probation must be willful and substantial to warrant revocation of probation. Glasier v. State, 849 So. 2d 444, 445 (Fla. 2d DCA 2003). When the State seeks to prove a violation of probation for failure to pay costs of supervision, it must offer evidence of the defendant’s ability to pay to show that the violation was willful. Id. at 445; Stevens v. State, 8…

Authorities Cited

• Lydolph v. Davidson, 880 So. 2d 817 (Fla. 1st DCA 2004)