Whiting v. State

The defendant appeals orders revoking his community control based on violations for possession of drug paraphernalia. He argues the trial court erred in revoking his community control because there was insufficient proof that he constructively possessed the paraphernalia, and in any event, the violation was not willful and substantial. We agree and reverse.

The defendant was placed on community control following a plea in three separate cases. The Affidavit of Violation, filed in each case, alleged the defendant violated his community control by his arrest for possession of marijuana. Over…