Legal Opinion

Turner v. State

District Court of Appeal of Florida

Decided February 12, 2014No. 4D12-4475Published

1Per curiam

Appellant, Matthew Turner, appeals the trial court’s revocation of probation based on a finding that he committed the new crime of burglary of a dwelling. The trial court’s finding was supported solely by hearsay evidence. Because hearsay alone is insufficient to establish a violation of a condition of probation, the trial court abused its discretion in revoking appel*379lant’s probation. Hendricks v. State, 59 So.3d 368, 370 (Fla. 4th DCA 2011); Ford v. State, 678 So.2d 432, 432 (Fla. 4th DCA 1996); Clayton v. State, 422 So.2d 83, 83 (Fla. 2d DCA 1982). Appellant’s original probationary period…

2Cases cited4 opinions

  1. Clayton v. StateDistrict Court of Appeal of Florida · 1982
  2. Ford v. StateDistrict Court of Appeal of Florida · 1996
  3. Thompson v. StateDistrict Court of Appeal of Florida · 2008
  4. Hendricks v. StateDistrict Court of Appeal of Florida · 2011

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