CARY ARNOLD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CARY ARNOLD, APPELLANT,
STATE OF FLORIDA, APPELLEE
497 So. 2d 1356
Florida District Court of Appeal, Fourth District (1986)
Positive Treatment
Cited by 18 cases
Opinion of the Court
PER CURIAM.
The appellant’s probation was revoked on the grounds that he was in possession of cocaine. The only proof that the substance in question was cocaine was in the form of an oral hearsay reference to the results of a laboratory test. While hearsay is admissible in revocation proceedings, proof of a violation must be supported by other competent, non-hearsay, evidence. Combs v. State, 351 So. 2d 1103 (Fla. 4th DCA 1977). Accordingly, we reverse and remand without prejudice to the court to conduct another evidentiary hearing on appellant’s alleged violations.
ANSTEAD and GUNTHER, JJ., concur. LETTS, J., dissents without opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kiess v. State, 642 So. 2d 1141 (Fla. 4th DCA 1994)…say evidence was presented concerning violation of this special condition. While hearsay evidence is admissible in probation revocation proceedings, hearsay alone is insufficient to establish a violation of a condition of probation. Arnold v. State, 497 So. 2d 1356 (Fla. 4th DCA 1986); Davis v. State, 474 So. 2d 1246 (Fla. 4th DCA 1985); Combs v. State, 351 So. 2d 1103 (Fla. 4th DCA 1977). The order of probation did not prohibit “contact” with defendant’s stepchildren. We note, however, that the affidavit of…
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Weaver v. State, 543 So. 2d 443 (Fla. 3d DCA 1989)…g proof, relied upon by the State in support of the trial court’s finding of a violation, is hearsay evidence. Although hearsay evidence is admissible in a probation revocation hearing, a revocation cannot be based on hearsay alone. Arnold v. State, 497 So. 2d 1356 (Fla. 4th DCA 1986) (probation cannot be revoked on ground of possession of cocaine where only proof that substance in question was cocaine was oral hearsay reference to lab test results); Bass v. State, 473 So. 2d 1367 (Fla. 1st DCA 1985). Furtherm…
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Ovid Miller v. State, 661 So. 2d 353 (Fla. 4th DCA 1995)…is attendance. 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, 1142 (Fla. 4th DCA 1994); Arnold v. State, 497 So. 2d 1356 (Fla. 4th DCA 1986); Davis v. State, 474 So. 2d 1246 (Fla. 4th DCA 1985); Combs v. State, 351 So. 2d 1103 (Fla. 4th DCA 1977). Thus in Grant v. State, 616 So. 2d 1184, 1185 (Fla. 3d DCA 1993), where the defendant’s testimony that he had reported for…
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- Combs v. State, 351 So. 2d 1103 (Fla. 4th DCA 1977)