McPeek v. State

Richard McPeek appeals an order revoking his probation, asking us to reverse the order because the State did not prove that he willfully violated the condition of probation that he not change his residence without first procuring the consent of his probation officer. We agree that the state’s evidence was insufficient to prove a willful violation of this condition. Accordingly, we reverse the revocation order and remand for further proceedings.

We review a revocation of probation for abuse of discretion. See Russell v. State, 982 So.2d 642, 646 (Fla.2008). “To establish a violation of…