Harris v. Florida Parole Commission

I respectfully dissent. This court’s holding in Merritt v. Crosby, 893 So.2d 598 (Fla. 1st DCA 2005), does not control our decision in this case because there we stated that “the sole evidence to support the Commission’s finding of guilt consisted of the deputy’s recitation of Pauldon’s hearsay statement, but hearsay alone is not sufficient to sustain the revocation of parole.” Id. (emphasis added). In this case, the Parole Commission specifically relied on the deputy sheriffs observation of the victim’s injuries, and this evidence is not hearsay. The deputy’s observations are circumstantial…