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Smith v. State

District Court of Appeal of Florida, Second District
May 10, 2006
929 So. 2d 614 (Fla. Dist. Ct. App. 2006)

Opinion

No. 2D05-4119.

May 10, 2006.

Appeal from the Circuit Court for Hillsborough County; Denise A. Pomponio, Judge.

James Marion Moorman, Public Defender, and Allyn M. Giambalvo, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Chandra Waite Dasrat, Assistant Attorney General, Tampa, for Appellee.


Thomas Smith appeals from the order revoking his probation. Smith was alleged to have violated condition number three of his probation by moving from his last known residence without the permission of his probation officer. He argues that reversal is required because the State relied entirely on hearsay evidence to prove the violation. We agree and reverse. See Rowan v. State, 696 So.2d 842 (Fla. 2d DCA 1997) (holding that although hearsay testimony is admissible in a revocation hearing, it may not be the only evidence on which the revocation is based); Kipp v. State, 657 So.2d 931 (Fla. 2d DCA 1995) (same).

Reversed.

NORTHCUTT, J., and GALLEN, THOMAS M., Associate Senior Judge, Concur.


Summaries of

Smith v. State

District Court of Appeal of Florida, Second District
May 10, 2006
929 So. 2d 614 (Fla. Dist. Ct. App. 2006)
Case details for

Smith v. State

Case Details

Full title:Thomas Dale SMITH, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: May 10, 2006

Citations

929 So. 2d 614 (Fla. Dist. Ct. App. 2006)