HARTZOG v. STATE

No. 2D01-2655.

816 So.2d 774 (2002)

Royce HARTZOG, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 10, 2002.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Jennifer Y. Fogle, Assistant Public Defender, Bartow, for Appellant.

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


BLUE, Chief Judge.

Royce Hartzog challenges an order revoking his probation and sentencing him to 52.5 months in prison, followed by seven years' probation. We reverse because the State failed to meet its burden of proving a willful and substantial violation of probation.

Mr. Hartzog was on probation for the offense of aggravated battery. On March 21, 2001, an affidavit was filed alleging that Mr. Hartzog had violated conditions 2 and 36 of his probation....

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