Garcia v. State

Sonny Garcia appeals the revocation of his sex offender probation for the offense of possession of child pornography and his resulting sentence of forty-eight months in prison. We affirm the revocation of his probation because there was competent, substantial evidence to support the trial court’s finding that Garcia “intentionally] disregarded] ... the GPS monitoring rules,” constituting a willful and substantial violation of probation. Correa v. State, 43 So.3d 738, 745 (Fla. 2d DCA 2010) (noting that “noncompliance with the rules [that] results from equipment problems or the subject’s unintentional failure to operate the equipment properly ... does not rise to the level of a willful and substantial violation of probation” but that “intentional disregard of the GPS monitoring rules, tampering with the equipment, or actual violations of curfew or other activity re *1275 strictions will generally amount to willful and substantial violations”); see also State v. Carter, 835 So.2d 259, 262 (Fla. 2002) (“The trial court is in a better position to identify the probation violator’s motive, intent, and attitude and assess whether the violation is both willful and substantial.”).

Affirmed.