Terry v. State

Full title: CURTIS TERRY, Appellant v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Jun 6, 2003

846 So. 2d 1232 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 5D02-2245.

Opinion filed June 6, 2003.

Appeal from the Circuit Court for Brevard County, John Griesbaum, Judge.

James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm. Test results are admissible if a state-certified probation officer testifies about the nature of the test, how it is performed, and the number of times a test is administered; furthermore, the results will support a finding of probation violation as long as the testing is not the sole basis for the finding. See Terry v. State, 777 So.2d 1093 (Fla. 5th DCA 2001).

AFFIRMED.

THOMPSON, C.J., SAWAYA and MONACO, JJ., concur.