McCullough v. State

District Court of Appeal of Florida

McCullough v. State

616 So. 2d 198, 1993 Fla. App. LEXIS 4236, 1993 WL 114670

CourtDistrict Court of Appeal of Florida

DecidedApril 14, 1993

DocketNo. 92-02897

StatusPublished

Cited by1 cases

This text of 616 So. 2d 198 (McCullough v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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McCullough v. State, 616 So. 2d 198, 1993 Fla. App. LEXIS 4236, 1993 WL 114670 (Fla. Ct. App. 1993).

Pincite

Opinion

PER CURIAM.

Appellant, Terri McCullough, challenges the trial court’s order revoking her probation for failing to pay restitution. We reverse.

Probation may be revoked only upon a showing that the violation was willful and substantial, and in this case there was no such showing. See Hewett v. State, 613 So.2d 1305 (Fla.1993). Accordingly, we reverse, and since the appellant’s probationary period has expired, upon remand, the trial court should enter an order terminating her probation.

Reversed and remanded.

LEHAN, C.J., and SCHOONOVER and ALTENBERND, JJ., concur.

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