HOPEWELL v. STATE

No. 95-04954.

680 So.2d 600 (1996)

Gregory M. HOPEWELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 25, 1996.


Attorney(s) appearing for the Case

Douglas L. Grose of Douglas L. Grose, P.A., Tampa, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.


PER CURIAM.

The defendant appeals the revocation of his probation. He contends, and the state concedes, that the evidence presented was insufficient to establish that his probation violations were willful. We agree and reverse.

The state has the burden of proving by a preponderance of the evidence that probation violations are willful. Love v. State, 606 So.2d 755 (Fla. 2d DCA 1992). However, in this case, the state...

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