Opinion
No. 4D12–4475.
2014-02-12
Matthew TURNER, Appellant, v. STATE of Florida, Appellee.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Barbara McCarthy, Judge; L.T. Case No. 10–6488CF10A. Carey Haughwout, Public Defender and Peggy Natale, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Barbara McCarthy, Judge; L.T. Case No. 10–6488CF10A.
Carey Haughwout, Public Defender and Peggy Natale, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.
Appellant, Matthew Turner, appeals the trial court's revocation of probation based on a finding that he committed the new crime of burglary of a dwelling. The trial court's finding was supported solely by hearsay evidence. Because hearsay alone is insufficient to establish a violation of a condition of probation, the trial court abused its discretion in revoking appellant'sprobation. Hendricks v. State, 59 So.3d 368, 370 (Fla. 4th DCA 2011); Ford v. State, 678 So.2d 432, 432 (Fla. 4th DCA 1996); Clayton v. State, 422 So.2d 83, 83 (Fla. 2d DCA 1982). Appellant's original probationary period began on July 21, 2010, and would have expired on July 21, 2012. For this reason, on remand, the trial court shall discharge appellant from incarceration and not restore him to supervision. Thompson v. State, 974 So.2d 594, 599–600 (Fla. 2d DCA 2008).
Reversed and remanded. DAMOORGIAN, C.J., GERBER and LEVINE, JJ., concur.