EDWARD CURRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Upon review of the record this court finds that the only evidence submitted to prove that the appellant violated the terms of his probation was in the form of hearsay reports as to his conduct while attending a drug rehabilitation program ordered by the court. The appellant testified in his own behalf and categorically denied any misconduct. Probation may not be revoked solely on the basis of hearsay. Jones v. State, 348 So. 2d 942 (Fla. 2d DCA 1977). That rule is especially applicable when the probationer’s testimony directly contradicts the hearsay reports. When a defendant’s probation is sought to be revoked because of his failure to successfully complete a designated rehabilitation program, some evidence must be submitted to show that the defendant was in some manner responsible for such failure. Such evidence is completely lacking here.
Accordingly, the order revoking probation and the judgment and sentence thereafter entered are hereby reversed with directions for further proceedings consistent herewith.
ANSTEAD, MOORE and BERANEK, JJ., concur.
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Cited By (11 total)
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Ranzel Davis v. State, 474 So. 2d 1246 (Fla. 4th DCA 1985)…to two years in prison. It is conceded on appeal that the only evidence to support the probation violation of failure to pay the cost of supervision was hearsay. Since probation may not be revoked based solely upon hearsay evidence, Curry v. State, 379 So. 2d 140 (Fla. 4th DCA 1980), that ground should be excised from the written order of revocation, together with grounds III, IV, V, VI, and VII, which were also set forth therein, because these grounds were not heard by the court. [*1247] This leaves us in d…
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Theron Thomas v. State, 672 So. 2d 587 (Fla. 4th DCA 1996)…cessfully complete a designated rehabilitation program, some evidence must be submitted to show that the defendant was in some manner responsible for such failure.” Miller v. State, 661 So. 2d 353, 354-55 (Fla. 4th DCA 1995) (quoting Curry v. State, 379 So. 2d 140, 141 (Fla. 4th DCA 1980)); Gibbs v. State, 609 So. 2d 76 (Fla. 1st DCA 1992). If a probationer makes reasonable efforts to comply, his failure will not be considered willful. See Steiner, 604 So. 2d at 1268; Gardner v. State, 365 So. 2d 1053, 1054 (…
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Ovid Miller v. State, 661 So. 2d 353 (Fla. 4th DCA 1995)…y plainly insufficient hearsay evidence that he had not, the trial court’s finding that the defendant had violated his probation by failing to report for a drug program evaluation was not supported by competent evidence. Likewise, in Curry v. State, 379 So. 2d 140, 141 (Fla. 4th DCA 1980), evidence consisting solely of hearsay reports as to the defendant’s conduct while attending a drug rehabilitation program could not support a finding that the defendant violated the terms of his probation where the defendan…
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- Magnolia Green v. State, 348 So. 2d 942 (Fla. 2d DCA 1977)