BRIAN C. HEADLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the conviction entered by the trial court. The trial court based the conviction for violation of probation solely on hearsay testimony. Ordinarily, hearsay testimony, by itself, is legally insufficient to support such a finding. See Soto v. State, 727 So. 2d 1044, 1046 (Fla. 2d DCA 1999). However, because defense counsel failed to object to the introduction of that testimony or present any argument whatsoever to the trial court challenging the sufficiency of the hearsay testimony, the issue was not preserved for appellate review. See Gay v. State, 679 So. 2d 21 (Fla. 1st DCA 1996). Furthermore, we reject appellant’s arguments that the Criminal Punishment Code, which became effective on October 1, 1998, is facially unconstitutional. See Hall v. State, 25 Fla. L. Weekly D2075 (Fla. 4th DCA August 30, 2000).
AFFIRMED.
KAHN, WEBSTER and VAN NORTWICK, JJ„ CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
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Yerrick v. State, 979 So. 2d 1228 (Fla. 4th DCA 2008)…DCA 2002) (refusing to consider claim that alleged violation was reversible as it was predicat [*1230] ed solely upon hearsay where such argument was not advanced below); see also Lowe v. State, 901 So. 2d 422 (Fla. 5th DCA 2005); Headley v. State, 770 So. 2d 1244 (Fla. 1st DCA 2000). Counsel did, however, preserve such a claim with respect to count II, changing residence without the consent of probation officer. By the time of the violation of probation hearing, Yerrick’s probation officer had retired. Thus…
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Morgan v. State, 826 So. 2d 322 (Fla. 1st DCA 2001)…PER CURIAM. AFFIRMED. Hall v. State, 773 So. 2d 99 (Fla. 1st DCA 2000), rev. granted, No. SC01-42, 790 So. 2d 1104 (filed Apr. 25, 2001); Headley v. State, 770 So. 2d 1244 (Fla. 1st DCA 2000); Hall v. State, 767 So. 2d 560 (Fla. 4th DCA 2000), rev. granted, No. SC00-2358, 790 So. 2d 1104 (filed April 25, 2001). ALLEN, C.J., PADOVANO and LEWIS, JJ., concur.…
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State v. Erick K. Jackson, 789 So. 2d 512 (Fla. 1st DCA 2001)…ture sentence. Thus, the departure issue is not adequately preserved for appellate review. See Harvey v. State, 786 So. 2d 28 (Fla. 1st DCA 2001). Appellee’s challenge to the Criminal Punishment Code was rejected by this court in Headley v. State, 770 So. 2d 1244 (Fla. 1st DCA 2000). The judgment and sentence of the trial court is affirmed in all respects. ALLEN, C.J., WOLF and WEBSTER, JJ., concur.…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isom v. State, 727 So. 2d 1044 (Fla. 1st DCA 1999)
- Ned Poole v. State, 727 So. 2d 1044 (Fla. 1st DCA 1999)
- Curry v. Hany K. Singletary, Jr., 679 So. 2d 21 (Fla. 1st DCA 1996)