DONOVAN FORD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
The appellant’s probation was revoked based solely upon hearsay, which included the testimony of a police officer concerning a witness’s identification of appellant as the perpetrator of the crime of exposure of sexual organs. This constituted hearsay because the witness did not testify at the revocation hearing. § 90.801(2)(c), Fla. Stat. (1995); Harrell v. State, 647 So. 2d 1016, 1017-18 (Fla. 4th DCA 1994). ‘While hearsay evidence is admissible in probation revocation proceedings, hearsay alone is insufficient to establish a violation of a condition of probation.” Kiess v. State, 642 So. 2d 1141 (Fla. 4th DCA 1994). Therefore, the trial court abused its discretion in revoking appellant’s probation. We reverse and remand for a new hearing on appellant’s alleged violation. See Arnold, v. State, 497 So. 2d 1356 (Fla. 4th DCA 1986); Purvis v. State, 420 So. 2d 389 (Fla. 5th DCA 1982); Robbins v. State, 318 So. 2d 472 (Fla. 4th DCA 1975).
Reversed and remanded.
DELL, WARNER and POLEN, JJ., concur.
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Spencer v. State, 717 So. 2d 95 (Fla. 1st DCA 1998)…So. 2d 1216 (Fla.1995); Attwood v. Eighth Circuit Court, 667 So. 2d 356 (Fla. 1st DCA 1995). Such a sanction can be imposed at the trial level as well as the appellate level. See Bivens v. State, 715 So. 2d 261 (Fla. 2d DCA 1998); Wareham v. State, 678 So. 2d 432 (Fla. 5th DCA), rev. denied, 686 So. 2d 583 (Fla.1996). In Martin v. Circuit Court, Seventeenth Judicial Circuit, 627 So. 2d 1298 (Fla. 4th DCA 1993), where the chief judge of a circuit court issued an administrative order prohibiting a pro se liti…
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Hall v. State, 744 So. 2d 517 (Fla. 3d DCA 1999)…nt evidence to find that Hall and Foster had violated their probation. The law is clear that a person’s probation cannot be revoked solely on the basis of hearsay evidence. See Shaw v. State, 710 So. 2d 182 (Fla. 3d DCA 1998); [*521] Ford v. State, 678 So. 2d 432 (Fla. 4th DCA 1996); Colina v. State, 629 So. 2d 274 (Fla. 2d DCA 1993); Lira v. State, 579 So. 2d 781 (Fla. 3d DCA 1991). In this case, the State introduced an overwhelming amount of hearsay evidence. It argues that enough non-hearsay evidence was…1 / 2
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Nanivette Rodriguez v. State, 768 So. 2d 1234 (Fla. 5th DCA 2000)…e conditions of her probation. REVERSED. THOMPSON, C.J., and COBB, J., concur. . § 817.61 (Fla.Stat.1997). . Purvis v. State, 397 So. 2d 746 (Fla. 5th DCA 1981). See also Anderson v. State, 711 So. 2d 106, 108 (Fla. 4th DCA 1998); Ford v. State, 678 So. 2d 432 (Fla. 4th DCA 1996); Garcia v. State, 701 So. 2d 607, 609 (Fla. 2d DCA 1997).…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kiess v. State, 642 So. 2d 1141 (Fla. 4th DCA 1994)
- Robbins v. State, 318 So. 2d 472 (Fla. 4th DCA 1975)
- Purvis v. State, 420 So. 2d 389 (Fla. 5th DCA 1982)
- Harrell v. State, 647 So. 2d 1016 (Fla. 4th DCA 1994)
- Cary Arnold v. State, 497 So. 2d 1356 (Fla. 4th DCA 1986)