WILLIE LEE MILLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILLIE LEE MILLER, APPELLANT,
STATE OF FLORIDA, APPELLEE
10 So. 3d 693
Florida District Court of Appeal, First District (2009)
Positive Treatment
Cited by 1 case
Opinion of the Court
Willie Lee Miller appeals the revocation of his probation arguing that the State produced only hearsay evidence to support the alleged violation of the conditions of probation. The State rightly concedes that revocation in this case was improper given reliance on hearsay exclusively. See Andrews v. State, 693 So.2d 1138 (Fla. 1st DCA 1997).
Accordingly, the order revoking probation is VACATED, and the cause is REMANDED for the reinstatement of probation with appropriate credit.
HAWKES, C.J., VAN NORTWICK and BROWNING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Miller v. State, 79 So. 3d 209 (Fla. 1st DCA 2012)…ly the case before them, another panel of this court reversed and remanded with directions to reinstate probation with appropriate credit, because the trial court had relied exclusively on hearsay in revoking Mr. Miller’s probation. Miller v. State, 10 So. 3d 693 (Fla. 1st DCA 2009). On remand in June of 2009, the trial court reinstated probation in No. 02-597CFA. On July 2, 2009, Mr. Miller filed a motion “Requesting Clarification of Concurrent Sentences” pro se. On July 8, 2009, the trial court entered an…
Authorities Cited
- Myles Franklin Andrews v. State, 693 So. 2d 1138 (Fla. 1st DCA 1997)