Vila v. State

Full title: CARLOS VILA, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Sep 11, 1979

375 So. 2d 31 (Fla. Dist. Ct. App. 1979)

Opinion

No. 79-168.

September 11, 1979.

Appeal from the Circuit Court, Dade County, Richard S. Fuller, J.

Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Susan Minor, Asst. Atty. Gen., for appellee.

Before BARKDULL, HUBBART and KEHOE, JJ.

PER CURIAM.

The appellant's probation was revoked only upon "hearsay" evidence, with no other legal competent evidence before the trial court. This was error. Jones v. Florida Parole and Probation Commission, 348 So.2d 681 (Fla. 1st DCA 1977); Jones v. State, 348 So.2d 942 (Fla. 2d DCA 1977); Combs v. State, 351 So.2d 1103 (Fla. 4th DCA 1977).

The order revoking probation is reversed and set aside, with directions to reinstate the appellant to probation.