Robert Evins v. State

We affirm the trial court’s revocation of Appellant’s probation. The State presented competent substantial evidence at trial that Appellant violated conditions (3) and (13) of his probation. However, we conclude that the court erred in finding that Appellant also violated condition (5) of his probation by being arrested for committing a new criminal offense because “[i]t is improper to revoke probation based solely upon proof that the probationer had been arrested.” Prater v. State, 161 So.3d 489, 491 (Fla. 5th DCA 2014) (citing Hines v. State, 358 So.2d 183, 185 (Fla.1978)). The State did…