Legal Opinion

Whitehead v. State

District Court of Appeal of Florida

Decided December 2, 2009No. 4D08-3651PublishedCited by 9 opinions

1Opinion of the CourtDamoorgian, J.

Garry Whitehead appeals the revocation of his probation and argues that the trial court impermissibly relied solely on hearsay. We disagree. A trial court is authorized to revoke probation based on a *848single violation of probation alone, and the State alleged nine violations of probation. We conclude that the trial court erred by relying on three of the alleged violations in choosing to revoke Whitehead’s probation and in sentencing. We find insufficient evidence in the record to support these alleged violations. As to the three unsupported violations, we reverse. However, the remaining six…

2Cases cited4 opinions

  1. Russell v. StateSupreme Court of Florida · 2008
  2. Thomas v. StateDistrict Court of Appeal of Florida · 1998
  3. Anderson v. StateDistrict Court of Appeal of Florida · 1998
  4. Wilcox v. StateDistrict Court of Appeal of Florida · 2000

3Cited by9 opinions

  1. McDoughall v. StateDistrict Court of Appeal of Florida · 2014
  2. Kelvin Crapps v. StateDistrict Court of Appeal of Florida · 2015
  3. J.B. v. StateDistrict Court of Appeal of Florida · 2012
  4. McInerney v. StateDistrict Court of Appeal of Florida · 2017
  5. CHARLES W. RANDOLPH, JR. v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2023

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