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Headley v. State

District Court of Appeal of Florida, First District
Oct 17, 2000
770 So. 2d 1244 (Fla. Dist. Ct. App. 2000)

Summary

holding that the Criminal Punishment Code is not facially unconstitutional

Summary of this case from Fox v. State

Opinion

Case No. 1D99-3847

Opinion filed October 17, 2000.

An appeal from the Circuit Court for Bay County. Dedee S. Costello, Judge.

Nancy Daniels, Public Defender, and Richard M. Summa, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, Edward C. Hill, Jr., Assistant Attorney General, Tallahassee, for Appellee.


We affirm the conviction entered by the trial court. The trial court based the conviction for violation of probation solely on hearsay testimony. Ordinarily, hearsay testimony, by itself, is legally insufficient to support such a finding. See Soto v. State, 727 So.2d 1044, 1046 (Fla. 2d DCA 1999). However, because defense counsel failed to object to the introduction of that testimony or present any argument whatsoever to the trial court challenging the sufficiency of the hearsay testimony, the issue was not preserved for appellate review. See Gay v. State, 679 So.2d 21 (Fla. 1st DCA 1996). Furthermore, we reject appellant's arguments that the Criminal Punishment Code, which became effective on October 1, 1998, is facially unconstitutional. See Hall v. State, 25 Fla. L. Weekly D2075 (Fla. 4th DCA August 30, 2000).

AFFIRMED.

KAHN, WEBSTER and VAN NORTWICK, JJ., CONCUR.


Summaries of

Headley v. State

District Court of Appeal of Florida, First District
Oct 17, 2000
770 So. 2d 1244 (Fla. Dist. Ct. App. 2000)

holding that the Criminal Punishment Code is not facially unconstitutional

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

Headley v. State

Case Details

Full title:BRIAN C. HEADLEY, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Oct 17, 2000

Citations

770 So. 2d 1244 (Fla. Dist. Ct. App. 2000)

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