State of Florida v. Kyle R. Queior

In an appeal from a violation of probation (VOP) proceeding, the Second District, in Queior v. State, 157 So.3d 370 (Fla. 2d DCA 2015), certified direct conflict with the Fifth District Court of Appeal’s decision in Terry v. State, 111 So.2d 1093 (Fla. 5th DCA 2001), regarding whether probation officer testimony that the probationer failed a field drug test personally administered by the officer is competent, nonhearsay evidence of a probation viola tion. 1 For the reasons below, we hold that' it is and that, in Queior’s case, this evidence together with the hearsay evidence, including a lab…