Davis v. State

The issue posed by this appeal is whether a probationer (Davis) is subject to revocation solely on the basis of judicial notice taken of the affidavit of a sheriffs deputy filed in a separate case wherein Davis was charged with robbery with a firearm. The deputy affiant in that case did not testify at the probation revocation hearing. It is well established that hearsay evidence, while admissible in probation revocation proceedings, cannot constitute the sole basis for a finding of violation of probation. McFarland v. State, 764 So.2d 834 (Fla. 5th DCA 2000).

The argument of the appellant,…