HERBERT GRANT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
HERBERT GRANT, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
616 So. 2d 1184
Florida District Court of Appeal, Third District (1993)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
The state has commendably and correctly confessed that the trial court’s finding that Grant violated his probation by failing to report for a drug program evaluation is not supported by the evidence. The record shows that Grant’s direct testimony that he had reported was contradicted only by plainly insufficient hearsay evidence that he had not. See Frazier v. State, 587 So. 2d 660 (Fla. 3d DCA 1991); McCrary v. State, 464 So. 2d 670 (Fla. 2d DCA 1985); Curry v. State, 379 So. 2d 140 (Fla. 4th DCA 1980). Accordingly, the order below revoking probation is reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ovid Miller v. State, 661 So. 2d 353 (Fla. 4th DCA 1995)…ation. 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 a drug program was contradicted only by plainly insufficient hearsay evidence that he had not, the trial court’s finding that the defendant had violated his probation…
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Talley v. State, 708 So. 2d 333 (Fla. 4th DCA 1998)…wever, hearsay evidence alone is insufficient to support a violation of probation. Ford v. State, 678 So. 2d 432 (Fla. 4th DCA 1996); Kiess v. State, 642 So. 2d 1141 (Fla. 4th DCA 1994). On this issue the present case is identical to Grant v. State, 616 So. 2d 1184 (Fla. 3d DCA 1995), where the court said that “[t]he record shows that Grant’s direct testimony that he had reported was contradicted only by plainly insufficient hearsay evidence that he had not.” 616 So. 2d at 1185. Finally, even assuming that Ur…
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Sampson Edward Howard v. State, 678 So. 2d 874 (Fla. 3d DCA 1996)…la. 2d DCA 1978). See also McCloud v. State, 653 So. 2d 453, 455 (Fla. 3d DCA 1995); Mobley v. State, 447 So. 2d 328 (Fla. 2d DCA 1984). See generally State v. Griffith, 675 So. 2d 911 (Fla.1996). The cases on which defendant relies, Grant v. State, 616 So. 2d 1184 (Fla. 3d DCA 1993); Frazier v. State, 587 So. 2d 660 (Fla. 3d DCA 1991); and Brown v. State, 537 So. 2d 180 (Fla. 3d DCA 1989), do not discuss the preservation issue and do not indicate that the matter may be raised for the first time on appeal. A…
Authorities Cited
- Frazier v. State, 587 So. 2d 660 (Fla. 3d DCA 1991)
- McCRARY v. State, 464 So. 2d 670 (Fla. 2d DCA 1985)
- Curry v. State, 379 So. 2d 140 (Fla. 4th DCA 1980)
- Robbins v. Blackstone Valley Nat'l Bank, 379 So. 2d 140 (Fla. 3d DCA 1980)