Billie E. Futrell v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED BILLIE EARL FUTRELL, Appellant, v. Case No. 5D14-1587 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed December 12, 2014 Appeal from the Circuit Court for Hernando County, Daniel B. Merritt, Jr., Judge. Scott T. Smith, of Scott Timothy Smith, P.A., Brooksville, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Billie Futrell appeals the judgment and sentence rendered by the trial court finding that he willfully and substantially violated the conditions of his sex offender probation. Because there is no substantial, competent evidence that Futrell willfully violated his probation, we reverse the judgment and sentence under review and remand this case to the trial court to enter an order reinstating Futrell's probation. REVERSED and REMANDED. SAWAYA, COHEN, and WALLIS, JJ., concur.

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