Opinion
1D21-1708
11-30-2022
Lance Thomas Acord, Appellant, v. State of Florida, Appellee.
Jessica J. Yeary, Public Defender, and Tyler K. Payne, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Michael L. Schaub, Assistant Attorney General, Tallahassee, for Appellee.
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
On appeal from the Circuit Court for Escambia County. Thomas V. Dannheisser, Judge.
Jessica J. Yeary, Public Defender, and Tyler K. Payne, Assistant Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, and Michael L. Schaub, Assistant Attorney General, Tallahassee, for Appellee.
PER CURIAM.
Lance Thomas Acord appeals a revocation order in which the trial court found that Acord violated probation by absconding (condition three) and by failing to pay court costs and fines (condition ten). Acord argues, and the State concedes, that the revocation for violation of condition three was improperly based solely on hearsay evidence. Regarding the violation of condition ten, Acord contends, and the State concedes, that there was insufficient evidence to support that a violation had occurred. Because we agree with Acord and accept the State's concessions, we reverse the revocation order and remand with instruction that his probation be reinstated. See White v. State, 170 So.3d 144, 145 (Fla. 1st DCA 2015) ("Hearsay evidence is admissible at evidentiary hearings for probation revocation, but a decision to revoke probation cannot be based entirely on hearsay."); see also Del Valle v. State, 80 So.3d 999, 1015 (Fla. 2011) ("[I]n all probation revocation proceedings in which the violation is a failure to pay a monetary obligation as a condition of the probation, . . . the State must present sufficient evidence of the probationer's willfulness, which includes evidence on ability to pay, to support the trial court's finding of willfulness.").
REVERSED and REMANDED with instructions.
LEWIS, MAKAR, and BILBREY, JJ., concur.