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SMITH v. STATE

No. 2D00-620.

788 So.2d 1131 (2001)

John SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 11, 2001.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Robert D. Rosen, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Sonya Roebuck Horbelt, Assistant Attorney General, Tampa, for Appellee.

STRINGER, Judge.

John Smith challenges an order revoking his community control. Because the State failed to present sufficient evidence to support the revocation order, we reverse.

In revocation proceedings, the State has the burden of proving a willful and substantial violation of the conditions of supervision by a preponderance of the evidence. Gammon v. State, 778 So.2d 390, 392 (Fla. 2d DCA 2001). Although hearsay...

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