MARVIN DEWITT PURVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ORFINGER, Judge.
The only evidence presented to the trial court in support of the charge that appellant had violated the condition of his probation that he “live and remain at liberty without violating any law,” was hearsay. Although the rules of evidence are relaxed at probation violation hearings and hearsay evidence may be introduced, a finding of probation violation cannot be sustained on hearsay evidence alone. Combs v. State, 351 So. 2d 1103 (Fla.4th DCA 1977); Wheeler v. State, 344 So. 2d 630 (Fla.2d DCA 1977). Evidence of probationer’s arrest, without more, will not support a revocation of probation. Brown v. State, 338 So. 2d 573 (Fla.2d DCA 1976).
The order revoking appellant’s probation is vacated and set aside. The judg-. ment and sentence based on the order revoking probation is similarly vacated and set aside. In so doing, we express no opinion on the merits of the underlying charge for which appellant was arrested and on which the probation violation hearing was based.
Order and judgment vacated.
DAUKSCH, C. J., and COBB, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (16 total)
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Ladon Maurice Green v. State, 620 So. 2d 1126 (Fla. 1st DCA 1993)…Furthermore, probation cannot be revoked solely on the basis of hearsay. Rock v. State, 584 So. 2d 1110, 1112 (Fla. 1st DCA 1991), approved in part, disapproved in part on other grounds by State v. Rock, 605 So. 2d 456 (Fla.1992); Purvis v. State, 397 So. 2d 746, 747 (Fla. 5th DCA 1981). See also Glass v. State, 597 So. 2d 984 (Fla. 1st DCA 1992). By the same token, it is improper to revoke probation based solely upon proof that the probationer was arrested. Hines v. State, 358 So. 2d 183, 185 (Fla.1978); R…
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Purvis v. State, 420 So. 2d 389 (Fla. 5th DCA 1982)…Tibbs v. Florida, - U.S. -, 102 S.Ct. 2211, 72 L.Ed.2d 652 (1982). We find appellant’s remaining points to be without merit. The order revoking appellant’s probation is AFFIRMED. DAUKSCH and FRANK D. UP-CHURCH, Jr. JJ., concur. . Puvis v. State, 397 So. 2d 746 (Fla. 5th DCA 1981). . While not expressly deciding the issue on double jeopardy grounds, all the other district courts have directly or impliedly held that another probation revocation proceeding may be held when a revocation order based only on h…
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J.F. v. State, 889 So. 2d 130 (Fla. 4th DCA 2004)…l car. Probation cannot be revoked solely on proof that one has been arrested. See In the Interest of L.S., 553 So. 2d 345 (Fla. 4th DCA 1989)(“Mere evidence of an arrest is insufficient to violate a juvenile’s community control.”); Purvis v. State, 397 So. 2d 746 (Fla. 5th DCA 1981)(holding that evidence of a probationer’s arrest, without more, will not support a revocation of probation). Thus, this testimony, even combined with the co-defendant’s hearsay statements, was not sufficient to support the revocat…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Combs v. State, 351 So. 2d 1103 (Fla. 4th DCA 1977)
- Wheeler v. State, 344 So. 2d 630 (Fla. 2d DCA 1977)
- Brown v. State, 338 So. 2d 573 (Fla. 2d DCA 1976)