ANTHONY J. CLAYTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The revocation of probation was improper because it was based solely on hearsay testimony.
Appellant was charged with dealing in stolen property and placed on probation. The state alleged he violated probation by committing burglary, present…
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RYDER, Acting Chief Judge.
Clayton appeals from the revocation of his probation. We reverse. The state originally charged appellant with dealing in stolen property. Appellant pled nolo contendere, and the court placed him on three years probation. Within that period, the state filed an affidavit and warrant alleging appellant violated the probation condition proscribing “violating any law,” as evidenced by his arrest for burglary.
At the hearing on revocation, the state elicited testimony from two police officers who investigated the burglary and arrested appellant. The state, however, failed to produce the testimony of the witness to the burglary who identified appellant or the owner of the burglarized premises. Thus, the only evidence adduced at the hearing below that there was a burglary or that appellant allegedly committed it was the out-of-court statements of the witnesses which were given to the court through the testimony of the police officers. Although hearsay evidence is admissible during a probation revocation hearing, we hold that the revocation of probation below was improper in that it was based solely on this hearsay testimony. Clemons v. State, 388 So. 2d 639 (Fla. 2d DCA 1980); Reeves v. State, 366 So. 2d 1229 (Fla. 2d DCA 1979); Wheeler v. State, 344 So. 2d 630 (Fla. 2d DCA 1977).
Accordingly, we REVERSE the order of revocation. We note further that this reversal does not bar a second revocation hearing based on another affidavit alleging the same violation. Clemons v. State, supra.
CAMPBELL and SCHOONOVER, JJ, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Blair v. State, 805 So. 2d 873 (Fla. 2d DCA 2001)…could be deemed to be an admission to the battery. Although hearsay evidence is admissible in a probation revocation hearing, it cannot be the sole basis of the revocation. Colina v. State, 629 So. 2d 274, 275 (Fla. 2d DCA 1993); Clayton v. State, 422 So. 2d 83, 84 (Fla. 2d DCA 1982). The record reveals that the only evidence link [*877] ing Blair to the commission of a battery was the hearsay testimony of the deputy concerning what the victim said had occurred. While the victim’s physical state and the ap…
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McNEALY v. State, 479 So. 2d 138 (Fla. 2d DCA 1985)…e had just been messing around Lakeland. When asked where he had been living, he “just said in Lakeland.” Hearsay is admissible in a revocation hearing. The well-established rule is that revocation cannot be based on hearsay alone. Clayton v. State, 422 So. 2d 83 (Fla. 2d DCA 1982); Tuff v. State, 338 So. 2d 1335 (Fla. 2d DCA 1976); Brown v. State, 338 So. 2d 573 (Fla. 2d DCA 1976). In this case, revocation of probation for violation of condition (3) was not based solely on hearsay. There is evidence that a…
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Miller v. State, 444 So. 2d 523 (Fla. 1st DCA 1984)…ds which we have found were supported only by hearsay, we note that our reversal does not bar a second revocation proceeding based upon another affidavit alleging the same violations. Turner v. State, supra; Purvis v. State, supra; Clayton v. State, 422 So. 2d 83 (Fla. 2nd DCA 1982); Couch v. State, supra; Tuff v. State, 338 So. 2d 1335 (Fla. 2nd DCA 1976); Clemons v. State, supra. For clarification, we further note that, should there be a second revocation hearing, our reversal on the discovery violation g…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wheeler v. State, 344 So. 2d 630 (Fla. 2d DCA 1977)
- Clemons v. State, 388 So. 2d 639 (Fla. 2d DCA 1980)
- Reeves v. State, 366 So. 2d 1229 (Fla. 2d DCA 1979)