LARRY COMBS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A defendant's probation cannot be revoked solely on the basis of hearsay evidence.
The appellant was charged with violating probation by participating in a burglary. The only evidence presented was hearsay testimony from a police off…
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LETTS, Judge.
This is an appeal from an order revoking probation. The appellant, Larry Combs, was charged with violating his probation by participating in a burglary. Combs argues and the State concedes that the only evidence of Combs’ participation in the burglary was hearsay testimony by a police officer that another participant in the burglary had implicated Combs. There was no other evidence connecting Combs to the burglary.
While hearsay evidence is admissible in probation revocation proceedings, a defendant’s probation cannot be revoked solely on the basis of hearsay evidence. Demchak v. State, 351 So. 2d 1053 (Fla. 4th DCA opinion filed April 7, 1977); Robbins v. State, 318 So. 2d 472 (Fla. 4th DCA 1975); Brown v. State, 305 So. 2d 309 (Fla. 4th DCA 1974).
The State attempts to avoid this rule by pointing out that other evidence was offered at the hearing concerning the burglary. But none of this evidence in any way connected Combs to the burglary. The rule requiring more than hearsay to establish a violation of probation requires other evidence of the defendant’s misconduct, not just other evidence.
Since the only evidence that was offered to prove Combs violated his probation was the hearsay testimony of the police officer, the order revoking probation should be reversed.
REVERSED.
CROSS and ANSTEAD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (29 total)
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Kiess v. State, 642 So. 2d 1141 (Fla. 4th DCA 1994)…sible in probation revocation proceedings, hearsay alone is insufficient to establish a violation of a condition of probation. Arnold v. State, 497 So. 2d 1356 (Fla. 4th DCA 1986); Davis v. State, 474 So. 2d 1246 (Fla. 4th DCA 1985); Combs v. State, 351 So. 2d 1103 (Fla. 4th DCA 1977). The order of probation did not prohibit “contact” with defendant’s stepchildren. We note, however, that the affidavit of violation of probation and order revoking probation states that defendant violated his probation by havin…
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Purvis v. State, 397 So. 2d 746 (Fla. 5th DCA 1981)…thout violating any law,” was hearsay. Although the rules of evidence are relaxed at probation violation hearings and hearsay evidence may be introduced, a finding of probation violation cannot be sustained on hearsay evidence alone. Combs v. State, 351 So. 2d 1103 (Fla.4th DCA 1977); Wheeler v. State, 344 So. 2d 630 (Fla.2d DCA 1977). Evidence of probationer’s arrest, without more, will not support a revocation of probation. Brown v. State, 338 So. 2d 573 (Fla.2d DCA 1976). The order revoking appellant’s pr…
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Brown v. State, 537 So. 2d 180 (Fla. 3d DCA 1989)…revocation proceeding, revocation may nonetheless not be based solely on hearsay. [*182] Adams v. State, 521 So. 2d at 337-38; Hudson v. State, 489 So. 2d 808 (Fla. 4th DCA 1986); Kennedy v. State, 460 So. 2d 590 (Fla. 2d DCA 1984); Combs v. State, 351 So. 2d 1103 (Fla. 4th DCA 1977). For the foregoing reasons, the sentences imposed upon this defendant as a result of the instant revocation proceedings are reversed. This case is remanded with instructions for the trial court to determine whether the defendant…
Previewing 3 of 29 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Brown v. State, 305 So. 2d 309 (Fla. 4th DCA 1974)
- Robbins v. State, 318 So. 2d 472 (Fla. 4th DCA 1975)
- Demchak v. State, 351 So. 2d 1053 (Fla. 4th DCA 1977)