Legal Opinion

Davis v. State

District Court of Appeal of Florida

Decided August 18, 1987No. BQ-432PublishedCited by 3 opinions

1Opinion of the Court

WENTWORTH, Judge.

Appellant seeks review of a probation revocation order and sentence entered upon a determination that he had violated the law by participating in a burglary and theft. The only evidence as to appellant’s participation in these offenses was hearsay testimony by a police officer that another suspect had implicated appellant. Probation may not be revoked solely upon the basis of hearsay evidence. See Combs v. State, 351 So.2d 1103 (Fla. 4th DCA 1977). We therefore reverse the order revoking appellant’s probation and accordingly vacate the sentence imposed.

BOOTH and THOMPSON,…

2Cases cited1 opinion

  1. Combs v. StateDistrict Court of Appeal of Florida · 1977

3Cited by3 opinions

  1. Wearen v. StateDistrict Court of Appeal of Florida · 1990
  2. Garey v. StateDistrict Court of Appeal of Florida · 2000
  3. Lira v. State of FloridaDistrict Court of Appeal of Florida · 1991

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