Legal Opinion

Smith v. State

District Court of Appeal of Florida

Decided August 19, 2005No. 1D04-0847PublishedCited by 1 opinion

1Opinion of the CourtBrowning, J.

Kevin Daniel Smith (Appellant) appeals a final order revoking his community control. Because the State established, by a preponderance of the evidence, that Appellant substantially and willfully violated two of the conditions of his community control, we affirm the revocation order. See Burgin v. State, 623 So.2d 575, 576 (Fla. 1st DCA 1993); Evans v. State, 427 So.2d 1082 (Fla. 1st DCA 1983).

“Trial courts have broad discretion in determining whether a term of community control has been violated, and the proper standard of review is whether the lower tribunal abused its discretion.” Davis v.…

2Cases cited3 opinions

  1. Burgin v. StateDistrict Court of Appeal of Florida · 1993
  2. Davis v. StateDistrict Court of Appeal of Florida · 1997
  3. Evans v. StateDistrict Court of Appeal of Florida · 1983

3Cited by1 opinion

  1. KEENEY DIAZ v. THE STATE OF FLORIDADistrict Court of Appeal of Florida · 2023

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