Carter v. State

Ray Edward Carter appeals an order revoking his probation for “using intoxicants to excess or possessing any drugs or narcotics.” At issue is whether the state put on competent evidence at the probation revocation hearing sufficient to prove that he used or possessed cocaine while on probation. We conclude the competent evidence was insufficient, and reverse.

On appeal, the standard of review is abuse of discretion, see State v. Carter, 835 So.2d 259, 262 (Fla.2002), which requires the reviewing court to evaluate the sufficiency of the evidence adduced at the probation revocation hearing.…