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WARNER v. STATE

No. 1D13-5051.

157 So.3d 548 (2015)

David WARNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 26, 2015.

Attorney(s) appearing for the Case

Jason A. Cobb , Defuniak Springs, for Appellant.

Pamela Jo Bondi , Attorney General, Joshua Heller , Assistant Attorney General, and Meredith Hinshelwood , Assistant Attorney General, Tallahassee, for Appellee.

David Warner appeals the order finding he violated terms of his probation. We agree that the state's evidence was insufficient to prove a willful violation of either condition cited as a basis for finding a violation. "To establish a violation of probation, the prosecution must prove by a preponderance of the evidence that a probationer willfully...

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