Gene E. Rutland v. State of Florida

The trial court revoked Appellant’s probation for violation of two conditions; in particular, Condition 2: moving residences without prior approval.' The only evidence Appellant moved came when Appellant’s probation officer testified Appellant’s mother told the probation officer Appellant had moved.

But a probation officer’s hearsay testimony, by itself, that another person told him or her the probationer no longer lived at a residence is insufficient to support a change of residence violation; the cases are clear and legion. See, e.g., Smith-Curles v. State, 24 So.3d 702, 702-03 (Fla. 1st DCA…