FULTON v. STATE

No. 4D02-4357.

871 So.2d 1037 (2004)

Gary FULTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 5, 2004.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Allen J. DeWeese, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and August A. Bonavita, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

Appellant, Gary Fulton, appeals from the trial court's order revoking his probation for failure to pay restitution. He argues that his failure to pay was not willful or substantial. We agree.

"In order to support a revocation of probation, the State has the burden of proving by the greater weight of the evidence that the probationer's violation was both substantial and willful." Anderson v. State, 711 So.2d 106

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