TREVOR DELANNEY HOWELL
v.
STATE OF FLORIDA
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A probation revocation order must be reversed when the State fails to present evidence that the violation was willful.
[1] A probation revocation order requires the State to present evidence that the violation was willful; failure to do so requires reversal and reinstatement of probation.
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Join FLexlaw to unlock all legal intelligenceTrevor Delanney Howell was on probation and the State sought to revoke it based on an alleged violation. The trial court revoked Howell's probation.…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
TREVOR DELANNEY HOWELL,
Appellant,
v. Case No. 5D19-3656
STATE OF FLORIDA,
Appellee. ________________________________/
Opinion filed January 15, 2021
Appeal from the Circuit Court for Orange County, Reginald K. Whitehead, Judge.
Matthew J. Metz, Public Defender, and Craig Atack, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
We reverse the order revoking probation in this case because the State failed to present any evidence that the violation at issue was willful. We therefore remand for entry of an order reinstating Howell to probation. See Schroeder v. State, 696 So. 2d 966, 966 (Fla. 5th DCA 1997). REVERSED and REMANDED. EVANDER, C.J., ORFINGER and EISNAUGLE, JJ., concur.