Warner v. State

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 violated a substantial condition of probation.” Van Wagner v. State, 677 So.2d 314, 316 (Fla. 1st DCA 1996). See also Del Valle v. State, 80 So.3d 999, 1015 (Fla.2011) (noting “the State must present sufficient evidence of the probationer’s…