Legal Opinion

Kennedy v. State

District Court of Appeal of Florida

Decided December 21, 1984No. 84-1036PublishedCited by 3 opinions

1Opinion of the Court

CAMPBELL, Judge.

Appellant contends that there was insufficient evidence to support the revocation of his probation. We agree.

Four grounds for revoking probation were stated by the trial court. First, appellant allegedly was not living in the approved residence in Maryland. At the probation revocation hearing, the probation officer testified as to evidence given to him *591by the Maryland probation officer by telephone. This is clearly hearsay testimony which cannot be the basis for probation revocation under Sillett v. State, 393 So.2d 53 (Fla. 2d DCA 1981). The second and third allegations were…

2Cases cited2 opinions

  1. Peterson v. StateDistrict Court of Appeal of Florida · 1980
  2. Sillett v. StateDistrict Court of Appeal of Florida · 1981

3Cited by3 opinions

  1. McPherson v. StateDistrict Court of Appeal of Florida · 1988
  2. Brown v. StateDistrict Court of Appeal of Florida · 1989
  3. Rowan v. StateDistrict Court of Appeal of Florida · 1997

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