JAMES DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1987-08-18
No. BQ-432
BOOTH and THOMPSON, JJ., concur.
510 So. 2d 1247 Florida District Court of Appeal, First District (1987) Caution
Cited by 6 cases
Opinion of the Court
WENTWORTH, Judge.

WENTWORTH, Judge.

Appellant seeks review of a probation revocation order and sentence entered upon a determination that he had violated the law by participating in a burglary and theft. The only evidence as to appellant’s participation in these offenses was hearsay testimony by a police officer that another suspect had implicated appellant. Probation may not be revoked solely upon the basis of hearsay evidence. See Combs v. State, 351 So. 2d 1103 (Fla. 4th DCA 1977). We therefore reverse the order revoking appellant’s probation and accordingly vacate the sentence imposed.

BOOTH and THOMPSON, JJ., concur.

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  • Lira v. State, 579 So. 2d 781 (Fla. 3d DCA 1991)
    …and the police officer. While hearsay evidence is admissible in probation or community control revocation proceedings, it is impermissible to find a violation where the only evidence connecting the defendant to the crime is hearsay. Davis v. State, 510 So. 2d 1247 (Fla. 1st DCA 1987); Walker v. State, 426 So. 2d 1180, 1181 (Fla. 5th DCA 1983); Clayton v. State, 422 So. 2d 83, 84 (Fla. 2d DCA 1982); Combs v. State, 351 So. 2d 1103 (Fla. 4th DCA 1977); see also Scott v. State, 406 So. 2d 100, 101 (Fla. 3d DCA 1…
  • Wearen v. State, 570 So. 2d 1081 (Fla. 3d DCA 1990)
    …was in possession of cocaine, possession of a firearm, and committed a strong-arm robbery. Other than the violation for possession of a firearm, the violation was based only on [*1082] hearsay testimony, and this was not sufficient. Davis v. State, 510 So. 2d 1247 (Fla. 1st DCA 1987); Wallace v. State, 440 So. 2d 58 (Fla. 4th DCA 1983); Combs v. State, 351 So. 2d 1103 (Fla. 4th DCA 1977). However, one of the grounds for violation being properly established, we affirm the order revoking probation. Casana v. St…
  • Garey v. State, 747 So. 2d 478 (Fla. 1st DCA 2000)
    …was introduced to support the allegations. Although hearsay is permitted in probation revocation proceedings, probation cannot be revoked solely on the basis of hearsay. See Green v. State, 620 So. 2d 1126, 1129 (Fla. 1st DCA 1993); Davis v. State, 510 So. 2d 1247 (Fla. 1st DCA 1987); Gomez v. State, 724 So. 2d 1205, 1206 (Fla. 2d DCA 1998). As to the alleged violations of condition five, we are unable to determine whether the trial court determined that appellant committed all thirteen of the alleged violati…

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