From Casetext: Smarter Legal Research

Wearen v. State

District Court of Appeal of Florida, Third District
Dec 4, 1990
570 So. 2d 1081 (Fla. Dist. Ct. App. 1990)

Opinion

No. 90-154.

December 4, 1990.

Appeal from the Circuit Court, Dade County, Arthur L. Rothenberg, J.

Bennett H. Brummer, Public Defender, and John H. Lipinski, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Avi J. Litwin, Asst. Atty. Gen., for appellee.

Before BARKDULL, HUBBART and FERGUSON, JJ.


The trial court revoked the appellant's probation on the basis that he was in possession of cocaine, possession of a firearm, and committed a strong-arm robbery. Other than the violation for possession of a firearm, the violation was based only on hearsay testimony, and this was not sufficient. Davis v. State, 510 So.2d 1247 (Fla. 1st DCA 1987); Wallace v. State, 440 So.2d 58 (Fla. 4th DCA 1983); Combs v. State, 351 So.2d 1103 (Fla. 4th DCA 1977). However, one of the grounds for violation being properly established, we affirm the order revoking probation. Casana v. State, 546 So.2d 794 (Fla. 3d DCA 1989); Underwood v. State, 455 So.2d 1133 (Fla. 2d DCA 1984); Gadson v. State, 368 So.2d 429 (Fla. 2d DCA 1979); Coxon v. State, 365 So.2d 1067 (Fla. 2d DCA 1979).


Summaries of

Wearen v. State

District Court of Appeal of Florida, Third District
Dec 4, 1990
570 So. 2d 1081 (Fla. Dist. Ct. App. 1990)
Case details for

Wearen v. State

Case Details

Full title:RONALD LEON WEAREN, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Dec 4, 1990

Citations

570 So. 2d 1081 (Fla. Dist. Ct. App. 1990)

Citing Cases

Wilson v. State

Affirmed. See Porras v. State, 651 So.2d 183 (Fla. 3d DCA 1995); Wearen v. State, 570 So.2d 1081 (Fla. 3d DCA…

Argote v. State

We affirm the order of revocation of community control. See Wearen v. State, 570 So.2d 1081 (Fla.3d DCA…