REGINALD SMITH, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Perry v. Ric Bradshaw, 43 So. 3d 180 (Fla. 4th DCA 2010)
  …cle or firing a gun at police during the high-speed chase that followed the shooting. Defense counsel argued that hearsay could not be used as the basis for a finding of probable cause at an adversary preliminary hearing, citing Evans v. Seagraves, 922 So. 2d 318 (Fla. 1st DCA 2006). Nevertheless, the trial court found that probable cause existed to believe Perry committed the crime of second-degree murder. Florida Rule of Criminal Procedure 3.133(b)(3) provides that, at an adversary preliminary hearing, “[…

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• Davis v. Junior, 300 So. 3d 307 (Fla. 3d DCA 2020)
  …usively on hearsay evidence in an adversary preliminary hearing conducted under rule 3.133(b). We disagree. In Evans, the First District rejected this very argument, noting that “[u]nlike Rule 3.133(a), Rule 3.133(b) does not 1 Evans v. Seagraves, 922 So. 2d 318, 321 (Fla. 1st DC 2006) (“Hearsay may, indeed, suffice in proceedings under Rule 3.133(a), which provides for a nonadversary probable cause determination within forty-eight hours of the defendant’s arrest, where the arrest was not made pursuant to a…
• Larioszambrana v. State (Fla. 3d DCA 2024)

Authorities Cited

• State v. Antoine L. McBRIDE, 848 So. 2d 287 (Fla. 2003)