Bauer v. State

The defendant appeals the circuit court’s revocation of his probation for the underlying offense of lewd and lascivious molestation of a child under the age of twelve. The court revoked the defendant’s probation after finding that he possessed pornographic material which allegedly was relevant to his deviant behavior pattern. Pursuant to Kasischke v. State, 991 So.2d 803 (Fla.2008), and Sellers v. State, 16 So.3d 225 (Fla. 5th DCA 2009), we reverse because the state did not present competent, substantial evidence to prove that the pornographic material was relevant to the defendant’s deviant…