Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

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The appellant's probation was revoked based solely upon hearsay, which included the testimony of a police officer concerning a witness's identification of appellant as the perpetrator of the crime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.

Use AI to get other relevant cases.

Comments

FORD v. STATE
(Jul 31, 1996)