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Cito v. State

District Court of Appeal of Florida, Second District
Nov 13, 1998
721 So. 2d 1192 (Fla. Dist. Ct. App. 1998)

Summary

holding that the evidence was insufficient to establish that defendant changed his residence without permission where the only evidence was hearsay testimony from defendant's probation officer that defendant's mother stated that she did not know where he was

Summary of this case from Berg v. State

Opinion

No. 97-02775.

November 13, 1998.

Appeal from the Circuit Court, Pinellas County, R. Timothy Peters, J.

James Marion Moorman, Public Defender, Bartow, and Megan Olson, Assistant Public Defender, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Appellee.


Vito Cito, Jr., appeals the final judgment entered after the trial court found that he violated several conditions of his probation. We affirm, but strike a portion of the trial court's order as to condition (3) of probation.

We conclude that there was sufficient evidence for the trial court to find that Cito violated probation conditions (7), (10), (18), and (19). However, Cito correctly argues that there was insufficient evidence to support revocation based on a violation of condition (3), changing residence without permission. The only evidence of this violation was hearsay testimony from his probation officer that his mother stated that she did not know where he was. See Rowan v. State, 696 So.2d 842 (Fla. 2d DCA 1997). Accordingly, we strike that portion of the trial court's order. See Raines v. State, 445 So.2d 408 (Fla. 2d DCA 1984).

Affirmed.

PARKER, C.J., and CASANUEVA, J., and DANAHY, PAUL W. Senior Judge, Concur.


Summaries of

Cito v. State

District Court of Appeal of Florida, Second District
Nov 13, 1998
721 So. 2d 1192 (Fla. Dist. Ct. App. 1998)

holding that the evidence was insufficient to establish that defendant changed his residence without permission where the only evidence was hearsay testimony from defendant's probation officer that defendant's mother stated that she did not know where he was

Summary of this case from Berg v. State

In Cito, the only evidence of the violation was the probation officer's testimony that the probationer's mother did not know where he was; there was no evidence, as in this case, that the officer could not make contact with the probationer after visiting the residence numerous times and leaving several messages which were never answered.

Summary of this case from Mosley v. State
Case details for

Cito v. State

Case Details

Full title:Vito CITO, Jr., Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Nov 13, 1998

Citations

721 So. 2d 1192 (Fla. Dist. Ct. App. 1998)

Citing Cases

Robaldo v. State

Rowan v. State, 696 So.2d 842, 843 (Fla. 2d DCA 1997). A revocation of probation or community control based…

Mosley v. State

The probation officer's testimony was sufficient for the trial court to conclude that appellant had changed…