Joe N. Byers v. State of Florida

FIRST DISTRICT C OURT OF A PPEAL
STATE OF FLORIDA
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No. 1D2024-3131
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J OE N. B YERS,
Appellant,
v.
S TATE OF F LORIDA,
Appellee.
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On appeal from the Circuit Court for Columbia County.
Melissa G. Olin, Judge.
February 18, 2026
P ER C URIAM.
Joe 	N. 	Byers 	appeals 	the 	revocation 	of 	his 	probation,
contending that the evidence was insufficient to establish multiple
violations 	of 	his 	electronic-monitoring 	condition 	and 	that 	the
violations, even if established, were not willful and substantial.
Because 	Byers 	did 	not 	raise 	his 	first 	argument 	below, 	it 	is
unpreserved, and we decline to address it. See State v. Clark, 373
So. 3d 1128, 1131 (Fla. 2023) (“Parties are required to preserve
arguments because it allows the lower tribunal to consider and
resolve errors when they arise, rather than wait for the process of
an appeal and expend the judicial resources that come with that
procedure.”). Finding no merit in Byers’s remaining argument, we
affirm.

2
A FFIRMED.
R OWE, R AY, and L ONG, JJ., concur.
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Not 	final 	until 	disposition 	of 	any 	timely 	and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Jessica J. Yeary, Public Defender, and Jessica Kasey Helms Lacey,
Assistant Public Defender, Tallahassee, for Appellant.
James Uthmeier, Attorney General, and David Welch, Assistant
Attorney General, Tallahassee, for Appellee.