O'NEAL v. STATE

No. 4D00-4106.

801 So.2d 280 (2001)

Dan O'NEAL, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 12, 2001.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Marcy K. Allen, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and August A. Bonavita, Assistant Attorney General, West Palm Beach, for appellee.


SHAHOOD, J.

The trial court revoked appellant's probation based on his failure to file monthly reports for May and June 2000 and for his failure to complete a batterers intervention program. Under the facts of this case, we hold that appellant's failure to successfully complete the batterers intervention program was not a willful and substantial violation. Thus, we remand this matter with directions for the trial court to reconsider whether it would revoke appellant...

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