Background
The Department of Corrections alleged that Ladaniel D. Kafus violated condition 15 of his probation five times by failing to return home by his designated curfew. Following an evidentiary hearing, the Lee County Circuit Court found all five violations willful and substantial.
The court revoked Kafus’s probation and sentenced him to 89.55 months in the Department of Corrections, with credit for time served. Kafus appealed, arguing the evidence did not establish that the curfew violations were willful.
The Court’s Holding
The Sixth District Court of Appeal reversed. It held that the record contained no competent, substantial evidence that any of Kafus’s five curfew violations were willful.
A probation violation supports revocation only if it is willful and substantial; negligence or ineptitude is insufficient. Because the State did not present competent, substantial evidence of willfulness, the appellate court reversed the revocation order and sentence and remanded with instructions to reinstate Kafus’s probation.
Key Takeaways
- Probation may be revoked only for a willful and substantial violation.
- Curfew violations alone do not establish willfulness without competent, substantial supporting evidence.
- The proper remedy was reversal of the revocation and reinstatement of probation.
Why It Matters
The decision reinforces that probation-revocation findings require evidentiary support for the probationer’s willful noncompliance, not merely proof that a condition was violated. Defense counsel can rely on the distinction between a missed curfew and a proven willful failure to make reasonable efforts to comply.