FRANCISCO ALVAREZ, JR., APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (12 total)

• Bell v. State, 179 So. 3d 349 (Fla. 5th DCA 2015)
  …[*351] LAWSON, C.J. Marquis L. Bell, Jr., appeals his adjudication for violation of probation. We affirm the trial court’s finding that Bell violated his probation by possessing illicit drugs based upon this court’s precedent in Terry v. State, 777 So. 2d 1093 (Fla. 5th DCA 2001), which held that a probation officer’s testimony regarding positive results of an on-site or “field” drug test that the officer personally conducted, along with hearsay evidence from a positive laboratory test on the same urine s…
• Isaac v. State, 971 So. 2d 908 (Fla. 3d DCA 2007)
  …ough the laboratory results differed from the probation officer’s test in one respect — the laboratory test was negative for marijuana — the trial court properly concluded that the testimony was sufficient to support a violation. See Terry v. State, 777 So. 2d 1093 (Fla. 5th DCA 2001). Isaac’s second issue on appeal has merit. The sentencing judge determined that a sentence of twenty-five years was appropriate as to two of the original counts and fifteen years as to a third count, all to run concurrently. Th…
• Queior v. State, 157 So. 3d 370 (Fla. 2d DCA 2015)
  …king Mr. Queior’s probation and his new sentences and we remand this case to the circuit court for further proceedings consistent with this opinion. We also certify that our decision is in direct conflict with the Fifth District’s decision in Terry, 777 So. 2d 1093, regarding the sufficiency of a probation officer’s testimony about the results of a field test to support a finding of violation of a condition of [*376] probation. We observe that our reversal of the order revoking Mr. Queior’s probation on the gr…