RAHMAH JAKOUCH, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (25 total)

• McDOUGHALL v. State, 133 So. 3d 1097 (Fla. 4th DCA 2014)
  …hearsay evidence to justify a revocation of probation.” Hall, 744 So. 2d at 520 n. 4. A challenge to the sufficiency of the state’s non-hearsay evidence is preserved so long as it is raised at the revocation of probation hearing. Cf. Lacey v. State, 831 So. 2d 1267, 1268 (Fla. 4th DCA 2002) (appellant’s argument that the VOP was based exclusively on hearsay testimony [*1100] was not preserved because the argument was not raised with the trial court). Here, McDoughall objected to the identification of the pill…
• J.F. v. State, 889 So. 2d 130 (Fla. 4th DCA 2004)
  …the hearsay testimony by a police officer that another participant in the burglary had implicated appellant). It is well-established, however, that probation can be revoked upon a combination of hearsay and non-hearsay evidence. See Lacey v. State, 831 So. 2d 1267, 1269 (Fla. 4th DCA 2002)(citing Thomas v. State, 711 So. 2d 96 (Fla. 4th DCA 1998)); see also Wilcox v. State, 770 So. 2d 733, 736 (Fla. 4th DCA 2000)(holding that probation can be revoked on the basis of hearsay inadmissible at a criminal trial in…
• Sawyers v. State (Fla. 2d DCA 2026)
  …o). Nonfundamental pleading defects are waived if not timely raised. See DuBoise v. State, 520 So. 2d 260, 265 (Fla. 1988); State v. Gray, 435 So. 2d 816, 818 (Fla. 1983); Castillo v. State, 929 So. 2d 1180, 1182 (Fla. 4th DCA 2006); Lacey v. State, 831 So. 2d 1267, 1271 (Fla. 4th DCA 2002) (quoting Colson v. State, 717 So. 2d 554, 555 (Fla. 4th DCA 1998)). That framework aligns with counsel's duty to the client: timely objections protect the client from waiver, whereas silence risks forfeiture of nonfundament…

Authorities Cited

• Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
• Robinson v. State, 373 So. 2d 898 (Fla. 1979)