Howell v. State

Full title: TREVOR DELANNEY HOWELL, Appellant, v. STATE OF FLORIDA, Appellee.

Court: DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Jan 15, 2021

310 So. 3d 144 (Fla. Dist. Ct. App. 2021)

Opinion

Case No. 5D19-3656

01-15-2021

Trevor Delanney HOWELL, Appellant, v. STATE of Florida, Appellee.

Matthew J. Metz, Public Defender, and Craig Atack, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Matthew J. Metz, Public Defender, and Craig Atack, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We reverse the order revoking probation in this case because the State failed to present any evidence that the violation at issue was willful. We therefore remand for entry of an order reinstating Howell to probation. See Schroeder v. State , 696 So. 2d 966, 966 (Fla. 5th DCA 1997).

REVERSED and REMANDED.

EVANDER, C.J., ORFINGER and EISNAUGLE, JJ., concur.