JACINTE L. PERIARD
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The trial court erred in revoking probation when the evidence was entirely hearsay, willfulness was not proven, and the court lacked jurisdiction to proceed with the violation hearing.
[1] A probation violation cannot be established based entirely on hearsay evidence.
[2] Proof of willfulness is required to establish a probation violation.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligencePeriard appealed the revocation of her probation and subsequent sentencing. The trial court found probation violations and imposed new sanctions.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Case Jurisdiction cases and more on FLexlaw
Appellant, Jacinte Periard, appeals the revocation of her probation and subsequent sentencing. Appellant contends the trial court erred: (1) because proof of her violations was based entirely on hearsay; (2) the evidence was insufficient to prove willfulness; and (3) the trial court lacked case jurisdiction to proceed with a violation hearing. The State confesses error on all three issues and does not oppose reversal of the order revoking probation and the sentence imposed thereafter. After reviewing the record, we agree that the trial court erred as to all three issues. We reverse the order revoking probation and the sentence imposed thereafter, and remand the case for the trial court to vacate those orders and to dismiss the violation proceeding.
Reversed and remanded with instructions. CONNER, FORST and KUNTZ, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.