Legal Opinion

M.M. v. State

District Court of Appeal of Florida

Decided March 12, 2003No. 4D02-2503PublishedCited by 3 opinions

1Opinion of the CourtMay, J.

The defendant appeals his adjudication of delinquency and commitment to a moderate risk residential program as a result of a violation of probation. He argues that the trial court erred in revoking his probation because the evidence consisted solely of inadmissable hearsay. We agree and reverse.

While hearsay is admissible in a violation of probation hearing, the revocation must be supported by evidence “which would be admissible at a criminal trial” and is actually admitted into evidence. Thomas v. State, 711 So.2d 96, 97 (Fla. 4th DCA 1998). The orders and record in this case are…

2Cases cited5 opinions

  1. Thomas v. StateDistrict Court of Appeal of Florida · 1998
  2. Aidone v. StateDistrict Court of Appeal of Florida · 1999
  3. Sagner v. StateDistrict Court of Appeal of Florida · 2001
  4. Bertoloti v. StateDistrict Court of Appeal of Florida · 2002
  5. Russell v. StateDistrict Court of Appeal of Florida · 2001

3Cited by3 opinions

  1. M.A.L. v. StateDistrict Court of Appeal of Florida · 2013
  2. J.B. v. StateDistrict Court of Appeal of Florida · 2012
  3. JB v. StateDistrict Court of Appeal of Florida · 2012

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