Hiers v. State

COBB, Judge.

At a revocation hearing stemming from charges of child abuse, disorderly intoxication, and battery, the probationer, William Hiers, sought to introduce testimony that he had been advised (albeit erroneously) by his probation officer that he was no longer on probation prior to the alleged criminal offenses. The court rejected this proffered defense as irrelevant, and revoked Hiers’s probation. On appeal from the order revoking his probation, Hiers relies on Gardner v. State, 365 So.2d 1053 (Fla. 4th DCA 1978), contending that his reasonable belief that he was no longer on probation…