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Thompson v. State

District Court of Appeal of Florida, Second District
Dec 22, 2004
890 So. 2d 382 (Fla. Dist. Ct. App. 2004)

Summary

holding that an officer's testimony that a third party informed him that the appellant failed to complete a treatment program was hearsay and could not be a basis for revocation of probation

Summary of this case from Dawson v. State

Opinion

No. 2D04-33.

December 22, 2004.

Appeal from the Circuit Court, Hillsborough County, Debra K. Behnke, J.

James Marion Moorman, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Jenny Scavino Sieg, Assistant Attorney General, Tampa, for Appellee.


A circuit court may not revoke probation or community control when the State presents only hearsay evidence to prove that the defendant violated the terms of supervision. For this reason, we reverse the order revoking Benjamin Thompson's community control for violating the condition that he successfully complete a drug treatment program.

The State bears the burden of proving a willful and substantial violation of supervision. Although hearsay evidence is admissible at the revocation hearing, the defendant's probation or community control cannot be revoked solely on the basis of hearsay. Knight v. State, 801 So.2d 160 (Fla. 2d DCA 2001). "`Hearsay' is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." § 90.801(1)(c), Fla. Stat. (2002).

In this case, the State called Thompson's supervising officer as its only witness. The officer testified that he was informed that Thompson was being discharged from the treatment program; the officer also testified that he had "contacted the center on several times, spoken with different people and the statements [were] all the same that the defendant did not comply with the rules and regulations and, therefore, [was] administratively discharged." This testimony was hearsay. See Grimsley v. State, 830 So.2d 118 (Fla. 2d DCA 2002); see also Clemons v. State, 388 So.2d 639, 640 (Fla. 2d DCA 1980) (reversing when "[t]he only evidence introduced concerning appellant's alleged violation of condition 3 . . . was the hearsay testimony of the probation supervisor about what appellant's employer had said in a telephone conversation"). Therefore, we reverse.

Reversed and remanded.

KELLY and WALLACE, JJ., Concur.


Summaries of

Thompson v. State

District Court of Appeal of Florida, Second District
Dec 22, 2004
890 So. 2d 382 (Fla. Dist. Ct. App. 2004)

holding that an officer's testimony that a third party informed him that the appellant failed to complete a treatment program was hearsay and could not be a basis for revocation of probation

Summary of this case from Dawson v. State

explaining that although hearsay evidence is admissible at revocation hearing, defendant's probation or community control cannot be revoked solely on basis of hearsay

Summary of this case from Gauthier v. State

In Thompson, this court held that testimony from Thompson's probation officer as to what the officer was told by "someone" at a drug treatment program about Thompson's attendance was pure hearsay that could not support the revocation of Thompson's probation.

Summary of this case from Lanier v. State

In Thompson, this court held that testimony from Thompson's probation officer as to what the officer was told by "someone" at a drug treatment program about Thompson's attendance was pure hearsay that could not support the revocation of Thompson's probation.

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

Thompson v. State

Case Details

Full title:Benjamin THOMPSON, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Dec 22, 2004

Citations

890 So. 2d 382 (Fla. Dist. Ct. App. 2004)

Citing Cases

Stewart v. State

"The State bears the burden of proving a willful and substantial violation of supervision" by competent…

Lanier v. State

Although it is true that hearsay evidence is admissible at a revocation hearing, a revocation may not be…