Randolph Alex Lawhorn v. State of Florida

Randolph Alex Lawhorn challenges the revocation of his community control. Because the record contains no evidence that Lawhorn willingly violated a substantial condition, we reverse.

An affidavit of violation averred that Lawhorn violated a single condition of his community control by being “away from his approved residence ... without prior approval of the [community control] officer. ...” At the subsequent hearing, the community control officer testified that she arrived at Lawhorn’s residence on December 13, 2012, at 2:34 p.m. Lawhorn was not at home. Someone at the residence, the officer…