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Arnold v. State

District Court of Appeal of Florida, Fourth District
Dec 3, 1986
497 So. 2d 1356 (Fla. Dist. Ct. App. 1986)

Opinion

No. 4-86-0534.

December 3, 1986.

Appeal from the Circuit Court, Broward County, Robert B. Carney, J.

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, Robert L. Teitler, Asst. Atty. Gen., and Donna R. Slebodnik, Certified Legal Intern, West Palm Beach, for appellee.


The appellant's probation was revoked on the grounds that he was in possession of cocaine. The only proof that the substance in question was cocaine was in the form of an oral hearsay reference to the results of a laboratory test. While hearsay is admissible in revocation proceedings, proof of a violation must be supported by other competent, non-hearsay, evidence. Combs v. State, 351 So.2d 1103 (Fla. 4th DCA 1977). Accordingly, we reverse and remand without prejudice to the court to conduct another evidentiary hearing on appellant's alleged violations.

ANSTEAD and GUNTHER, JJ., concur.

LETTS, J., dissents without opinion.


Summaries of

Arnold v. State

District Court of Appeal of Florida, Fourth District
Dec 3, 1986
497 So. 2d 1356 (Fla. Dist. Ct. App. 1986)
Case details for

Arnold v. State

Case Details

Full title:CARY ARNOLD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Dec 3, 1986

Citations

497 So. 2d 1356 (Fla. Dist. Ct. App. 1986)

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