Dawson v. State

Full title: JOEY DAWSON, Appellant, v. STATE OF FLORIDA, Appellee.

Court: DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

Date published: Aug 16, 2016

CASE NO. 1D14-4630 (Fla. Dist. Ct. App. Aug. 16, 2016)

Opinion

CASE NO. 1D14-4630 CASE NO. 1D14-4631

08-16-2016

JOEY DAWSON, Appellant, v. STATE OF FLORIDA, Appellee.

Nancy A. Daniels, Public Defender, and Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Julian E. Markham, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED An appeal from the Circuit Court for Leon County.
Kevin J. Carroll, Judge. Nancy A. Daniels, Public Defender, and Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Julian E. Markham, Assistant Attorney General, Tallahassee, for Appellee. ON REMAND FROM THE FLORIDA SUPREME COURT PER CURIAM.

Our original opinion in these cases reversed the trial court's orders revoking appellant's probation based on our finding that an officer's testimony concerning the results of a drug test that she performed in her office was hearsay. See Dawson v. State, 177 So. 3d 658 (Fla. 1st DCA 2015). We noted our opinion was consistent with Queior v. State, 157 So. 3d 370 (Fla. 2d DCA 2015) (Quieor I). In State v. Queior, 191 So. 3d 388 (Fla. 2016) (Queior II), the Florida Supreme Court quashed Queior I, and also quashed our opinion in this case and remanded for reconsideration in light of Queior II.

Based on Queior II, we find the officer's testimony concerning the results of the drug test was not hearsay. As such, we affirm appellant's judgments and sentences.

AFFIRMED. WOLF, WETHERELL, and BILBREY, JJ., CONCUR.