Miller v. State

Full title: Willie Lee MILLER, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, First District

Date published: May 19, 2009

10 So. 3d 693 (Fla. Dist. Ct. App. 2009)

Opinion

No. 1D07-5404.

May 19, 2009.

An appeal from the Circuit Court for Gadsden County. Thomas H. Bateman, III, Judge.

Nancy A. Daniels, Public Defender, and Archie F. Gardner, Jr., Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Donna A. Gerace, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Willie Lee Miller appeals the revocation of his probation arguing that the State produced only hearsay evidence to support the alleged violation of the conditions of probation. The State rightly concedes that revocation in this case was improper given reliance on hearsay exclusively. See Andrews v. State, 693 So.2d 1138 (Fla. 1st DCA 1997).

Accordingly, the order revoking probation is VACATED, and the cause is REMANDED for the reinstatement of probation with appropriate credit.

HAWKES, C.J., VAN NORTWICK and BROWNING, JJ., concur.