WENDELL L. KELLEY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 1974-09-17
No. 45734
ADKINS, C. J., and ROBERTS, BOYD and McCAIN, JJ., concur., ERVIN, J., dissents.
300 So. 2d 901 Florida Supreme Court (1974) Positive Treatment
Cited by 9 cases

Opinion of the Court

Certiorari denied.

ADKINS, C. J., and ROBERTS, BOYD and McCAIN, JJ., concur.

ERVIN, J., dissents.


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  • Bernhine W. Young v. State, 519 So. 2d 719 (Fla. 5th DCA 1988)
    …. See § 90.202, Fla.Stat. (1985). The lab reports were admissible at a probation revocation hearing without a chemist’s testimony. See Hayes v. State, 345 So. 2d 765 (Fla. 4th DCA 1977); Randolph v. State, 292 So. 2d 374 (Fla. 3d DCA), cert. denied, 300 So. 2d 901 (Fla. 1974); Singletary v. State, 290 So. 2d 116 (Fla. 4th DCA), cert. dismissed, 293 So. 2d 361 (Fla.1974). Moreover, there was also testimony of a positive field-test of the cocaine and of Young’s representation during the sale that the substance…
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  • Tuthill v. State, 518 So. 2d 1300 (Fla. 3d DCA 1987)
    …l successfully pleaded at his first sentencing), Bernhardt v. State, 288 So. 2d 490 (Fla.1974), requires proof of a violation sufficient only to satisfy the conscience of the court. Randolph v. State, 292 So. 2d 374 (Fla. 3d DCA 1974), cert. denied, 300 So. 2d 901 (Fla.1974); see Lee v. State, 440 So. 2d 612 (Fla. 3d DCA 1983). I cannot agree that every probation violation hearing4 should be rendered meaningless in determining the propriety of a departure and would hold, to the contrary, that a finding of vio…
  • Riskin v. Miklos, 569 So. 2d 940 (Fla. 3d DCA 1990)
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