
    Wally S. TATRO, Appellant, v. STATE of Florida, Appellee.
    No. 82-1738.
    District Court of Appeal of Florida, Fifth District.
    March 15, 1984.
    James K. Freeland, P.A., Orlando, for appellant.
    Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Dayto-na Beach, for appellee.
   PER CURIAM.

It appears from the record that the state failed to prove, by a greater weight of the evidence, that the appellant’s conduct violated the terms of his probation. Accordingly, the trial court abused its discretion in revoking appellant’s probation. The order of revocation of probation and the sentence imposed thereon are vacated and the cause remanded with directions to reinstate appellant’s probation.

DAUKSCH and SHARP, JJ., and SCOTT, R.C., Associate Judge, concur.  