JOSE RODRIGUEZ, vs THE STATE OF FLORIDA,

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Third District Court of Appeal State of Florida Opinion filed September 30, 2020. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D20-0460 Lower Tribunal No. 09-28702 ________________ Jose Rodriguez, Appellant, vs. The State of Florida, Appellee. An appeal from the Circuit Court for Miami-Dade County, Alberto Milian, Judge. Carlos J. Martinez, Public Defender, and Manuel Alvarez, Assistant Public Defender, for appellant. Ashley Moody, Attorney General, and Kseniya Smychkouskaya, Assistant Attorney General, for appellee. Before EMAS, C.J., and SCALES, and MILLER, JJ. PER CURIAM. Appellant, Jose Rodriguez, challenges an order revoking his probation and imposing a new term of supervision for his felony offenses. Cognizant that the lower tribunal “is in the best position to evaluate the credibility of witnesses and on appeal we are obligated to give great deference to the findings of the trial court,” Riggins v. State, 830 So. 2d 920, 921 (Fla. 4th DCA 2002) (citations omitted), and violation of a no contact order is sufficient, in certain circumstances, to demonstrate a “willful, material, and substantial violation” of probationary conditions, here, we discern no abuse of discretion and affirm. Davis v. State, 796 So. 2d 1222, 1225 (Fla. 4th DCA 2001); see Glee v. State, 731 So. 2d 759 (Fla. 4th DCA 1999). Affirmed. 2

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