Jose Alexis Torres v. the State of Florida

• Court: District Court of Appeal of Florida
• Decided: February 26, 2025
• Docket: 3D2023-1474
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed February 26, 2025. Not final until disposition of timely filed motion for rehearing.

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No. 3D23-1474 Lower Tribunal Nos. F13-29484 & F13-29485 ________________

Jose Alexis Torres, Appellant,

vs.

The State of Florida, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Richard Hersch, Judge.

Carlos J. Martinez, Public Defender, and Susan S. Lerner, Assistant Public Defender, for appellant.

James Uthmeier, Attorney General, and Linda Katz, Assistant Attorney General, for appellee.

Before EMAS, SCALES, and LOBREE, JJ.

PER CURIAM. Affirmed. See Robinson v. State, 907 So. 2d 1284, 1287 (Fla. 2d DCA

2005) (“The proper standard for finding a new law violation is whether a

preponderance of the evidence establishes that the probationer committed

the charged offense or offenses.”); Facen v. State, 386 So. 3d 991, 993 (Fla.

3d DCA 2023) (“In reviewing a probation revocation, we first assess whether

the finding by the trial court of a ‘willful and substantial violation is supported

by competent substantial evidence.’ If our examination yields competent,

substantial evidence, ‘the standard of review for the trial court’s decision to

revoke probation is abuse of discretion.’” (quoting Savage v. State, 120 So.

3d 619, 621 (Fla. 2d DCA 2013))).