Legal Opinion

Outing v. State

District Court of Appeal of Florida

Decided December 24, 1997No. 96-04081PublishedCited by 1 opinion

1Opinion of the Court

PATTERSON, Judge.

Jonathan Outing appeals from the sentence imposed upon him following the revocation of his probation. He correctly argues, and the State concedes, that the State failed to present sufficient nonhearsay evidence that Outing violated the terms of his probation by changing his approved residence. See McCrary v. State, 464 So.2d 670 (Fla. 2d DCA 1985) (holding that a defendant’s probation cannot be revoked solely on the basis of hearsay). Therefore, we reverse the order of revocation. Reversed.

DANAHY, A.C.J., and FRANK, J., concur.

2Cases cited1 opinion

  1. McCrary v. StateDistrict Court of Appeal of Florida · 1985

3Cited by1 opinion

  1. Southeast and Associates, Inc. v. Fox Run Homeowners Ass'n, Inc.District Court of Appeal of Florida · 1997