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Davis v. State

District Court of Appeal of Florida, First District
Aug 18, 1987
510 So. 2d 1247 (Fla. Dist. Ct. App. 1987)

Opinion

No. BQ-432.

August 18, 1987.

Appeal from the Circuit Court, Alachua County, Theron A. Yawn, Jr., J.

Michael E. Allen, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., Gary L. Printy, Asst. Atty. Gen., for appellee.


Appellant seeks review of a probation revocation order and sentence entered upon a determination that he had violated the law by participating in a burglary and theft. The only evidence as to appellant's participation in these offenses was hearsay testimony by a police officer that another suspect had implicated appellant. Probation may not be revoked solely upon the basis of hearsay evidence. See Combs v. State, 351 So.2d 1103 (Fla. 4th DCA 1977). We therefore reverse the order revoking appellant's probation and accordingly vacate the sentence imposed.

BOOTH and THOMPSON, JJ., concur.


Summaries of

Davis v. State

District Court of Appeal of Florida, First District
Aug 18, 1987
510 So. 2d 1247 (Fla. Dist. Ct. App. 1987)
Case details for

Davis v. State

Case Details

Full title:JAMES DAVIS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Aug 18, 1987

Citations

510 So. 2d 1247 (Fla. Dist. Ct. App. 1987)

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