CURTIS TERRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2003-06-06
No. 5D02-2245
THOMPSON, C.J., SAWAYA and MONACO, JJ., concur.
846 So. 2d 1232 Florida District Court of Appeal, Fifth District (2003) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm. Test results are admissible if a state-certified probation officer testifies about the nature of the test, how it is performed, and the number of times a test is administered; furthermore, the results will support a finding of probation violation as long as the testing is not the sole basis for the finding. See Terry v. State, 777 So. 2d 1093 (Fla. 5th DCA 2001).

AFFIRMED.

THOMPSON, C.J., SAWAYA and MONACO, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


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Cited By

  • Queior v. State, 157 So. 3d 370 (Fla. 2d DCA 2015)
    …tate of Florida played any role in either the training or the issuance of the certificates. . We note that the Fifth District came to a different conclusion on the issue we decide here in a subsequent appeal brought by Mr. Terry. In Terry v. State, 846 So. 2d 1232, 1232-33 (Fla. 5th DCA 2003), a different panel of the Fifth District held that a probation officer's testimony concerning the performance and results of the field test of the sort approved in the earlier appearance of Mr. Terry before the court wou…
  • Dawson v. State, 177 So. 3d 658 (Fla. 1st DCA 2015)
    …about the nature of the test, how it is performed, and the number of times a test is administered; furthermore, the results will support a finding of probation violation as long as the testing is not the sole basis for the finding.” Terry v. State, 846 So. 2d 1232, 1233 (Fla. 5th DCA 2003) (emphasis added). That distinction was not made in the first Terry opinion. Finally, we grant the State’s request for a certified question of great public importance. Although the supreme court has accepted jurisdiction in…
  • Johns v. State, 935 So. 2d 596 (Fla. 5th DCA 2006)
    …PER CURIAM. AFFIRMED. See Terry v. State, 846 So. 2d 1232 (Fla. 5th DCA 2003). PLEUS, C.J., ORFINGER and MONACO, JJ., concur.…

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