DANIEL ARTHUR BLACKBURN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1972-05-16
No. 71-885
Before PEARSON, CHARLES CARROLL and HAVERFIELD, JJ.
261 So. 2d 861 Florida District Court of Appeal, Third District (1972) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant-defendant, Daniel Arthur Blackburn, seeks review of trial court’s order of revocation of probation and entry of sentence.

Appellant contends that to deny him the opportunity to examine the report of the Probation and Parole Commission at the probation revocation hearing deprives him of the right to cross-examine and confront witnesses. A probation revocation hearing is an informal proceeding to satisfy the court that the terms of the suspended sentence have or have not been violated. McNeely v. State, Fla.App.1966, 186 So.2d 520. The report given by the Probation and Parole Commission is for the confidential use and consideration by the court and is not a public document. Appellant’s contention is without merit. Martino v. State, Fla.App.1968, 215 So.2d 495. Morgan v. State, Fla.App.1962, 142 So.2d 308.

The order revoking the probation and entering sentence is affirmed.

Affirmed.


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Cited By

  • Young v. State, 305 So. 2d 307 (Fla. 3d DCA 1974)
    …ations of such a document. At a trial, the introduction of such evidence would have been prejudicial. But we deal here with a sentencing function not a trial. See Brill v. State, 159 Fla. 682, 32 So. 2d 607 (1947); Blackburn v. State, Fla.App. 1972, 261 So. 2d 861. Direct evidence is full and complete to show that the appellant was arrested during the term of his probation. He was found in an automobile [*309] with another person shown to be a convicted felon. In the car were loaded shotguns and a face mask.…

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