VITO CITO, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Vito Cito, Jr., appeals the final judgment entered after the trial court found that he violated several conditions of his probation. We affirm, but strike a portion of the trial court’s order as to condition (3) of probation.
We conclude that there was sufficient evidence for the trial court to find that Cito violated probation conditions (7), (10), (18), and (19). However, Cito correctly argues that there was insufficient evidence to support revocation based on a violation of condition (3), changing residence without permission. The only evidence of this violation was hearsay testimony from his probation officer that his mother stated that she did not know where he was. See Rowan v. State, 696 So. 2d 842 (Fla. 2d DCA 1997). Accordingly, we strike that portion of the trial court’s order. See Raines v. State, 445 So. 2d 408 (Fla. 2d DCA 1984).
Affirmed.
PARKER, C.J., and CASANUEVA, J., and DANAHY, PAUL W. Senior Judge, Concur.
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State v. Young, 974 So. 2d 601 (Fla. 1st DCA 2008)…tate v. Butler, 655 So. 2d 1123, 1125 (Fla.1995). We review the trial court’s factual findings to determine whether they are supported by competent substantial evidence, but its application of law to facts is reviewed de novo. See Williams v. State, 721 So. 2d 1192, 1193 (Fla. 1st DCA 1998). Recognizing that a trial court’s ruling on a motion to suppress is “clothed with the presumption of correctness,” we “interpret the evidence and reasonable inferences and deductions derived therefrom in a manner most favor…
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State v. Robinson, 740 So. 2d 9 (Fla. 1st DCA 1999)…a.1997); Perez v. State, 620 So. 2d 1256 (Fla.1993). . The trial court’s application of the law to its factual findings is subject to de novo review. Ornelas v. United States, 517 U.S. 690, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996); Williams v. State, 721 So. 2d 1192 (Fla. 1st DCA 1998); Butler v. State, 706 So. 2d 100 (Fla. 1st DCA 1998).…
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Johnson v. State, 995 So. 2d 1011 (Fla. 1st DCA 2008)…4 (Fla. 1st DCA 2000). An appellate court must examine the trial court’s factual findings to determine whether they are supported by competent, substantial evidence, and analyze its application of the law to the facts de novo. See Williams v. State, 721 So. 2d 1192, 1193 (Fla. 1st DCA 1998); Phuagnong v. State, 714 So. 2d 527, 529 (Fla. 1st DCA 1998). The evidence and the reasonable inferences drawn therefrom must be viewed “in a light most favorable to affirming the trial court’s rulings.” Ingram v. State, 92…
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- Rowan v. State, 696 So. 2d 842 (Fla. 2d DCA 1997)
- Alphonso Williams v. State, 445 So. 2d 408 (Fla. 2d DCA 1984)