Branch v. State
District Court of Appeal of Florida
1Opinion of the CourtWarner, J.
We affirm the trial court’s order revoking appellant’s probation and sentence. The court’s order is supported by its finding that appellant violated her probation conditions by using marijuana.
Condition K(5), the condition appellant was alleged to have violated, requires appellant to “not use intoxicants to excess or possess any drugs or narcotics unless prescribed by a physician.” Appellant tested positive for marijuana in her system. This is circumstantial evidence of the possession of drugs.
Appellant argues the outside testing lab report of drugs in her system was hearsay. We disagree. The…
2Cases cited2 opinions
- Monroe v. StateDistrict Court of Appeal of Florida · 1996
- Meadows v. StateDistrict Court of Appeal of Florida · 2000
3Cited by2 opinions
- Bray v. StateDistrict Court of Appeal of Florida · 2011
- Trina Turner v. State of FloridaDistrict Court of Appeal of Florida · 2015