Legal Opinion

Smith-Curles v. State

District Court of Appeal of Florida

Decided December 22, 2009No. 1D08-5768PublishedCited by 5 opinions

1Opinion of the CourtWolf, J.

Appellant challenges an order revoking her probation. We reverse.

The affidavit of violation of probation alleged appellant changed her residence without permission. The only evidence presented by the State that appellant changed her residence was the hearsay testimony of appellant’s probation officer. “ ‘Although hearsay evidence is admissible at the revocation hearing, the defendant’s probation or community control cannot be revoked solely on the basis of hearsay.’ ” Stewart v. State, 926 So.2d 413, 414 (Fla. 1st DCA 2006) (quoting Thompson v. State, 890 So.2d 382, 383 (Fla. 2d DCA 2004)).…

2Cases cited5 opinions

  1. Perkins v. StateDistrict Court of Appeal of Florida · 2003
  2. Parminter v. StateDistrict Court of Appeal of Florida · 2000
  3. Stewart v. StateDistrict Court of Appeal of Florida · 2006
  4. Thompson v. StateDistrict Court of Appeal of Florida · 2004
  5. Gary v. StateDistrict Court of Appeal of Florida · 2008

3Cited by5 opinions

  1. Mata v. StateDistrict Court of Appeal of Florida · 2010
  2. Ruise v. StateDistrict Court of Appeal of Florida · 2010
  3. Gene E. Rutland v. State of FloridaDistrict Court of Appeal of Florida · 2015
  4. James Justin Channell v. State of FloridaDistrict Court of Appeal of Florida · 2016
  5. Marcus White v. State of FloridaDistrict Court of Appeal of Florida · 2015

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