Legal Opinion

Miller v. State

District Court of Appeal of Florida

Decided May 19, 2009No. 1D07-5404PublishedCited by 1 opinion

1Per curiam

Willie Lee Miller appeals the revocation of his probation arguing that the State produced only hearsay evidence to support the alleged violation of the conditions of probation. The State rightly concedes that revocation in this case was improper given reliance on hearsay exclusively. See Andrews v. State, 693 So.2d 1138 (Fla. 1st DCA 1997).

Accordingly, the order revoking probation is VACATED, and the cause is REMANDED for the reinstatement of probation with appropriate credit.

HAWKES, C.J., VAN NORTWICK and BROWNING, JJ., concur.

2Cases cited1 opinion

  1. Andrews v. StateDistrict Court of Appeal of Florida · 1997

3Cited by1 opinion

  1. Miller v. StateDistrict Court of Appeal of Florida · 2012