Butera v. State

KHOUZAM, Judge.

Jarod J. Butera appeals an order revoking probation after the trial court found that he had violated the terms of his probation by possessing cocaine and marijuana. Because neither violation was established by the greater weight or preponderance of the evidence, we reverse the order revoking Butera’s probation.

Shortly after being placed on probation, Butera was arrested for possession of cocaine and possession of marijuana. But-era’s arrest led to the filing of an affidavit of violation of probation. The affidavit alleged that Butera had committed the offenses of possession of…