Ellison v. State

Full title: TYRONE ELLISON, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Apr 4, 2001

784 So. 2d 1180 (Fla. Dist. Ct. App. 2001)

Opinion

No. 2D00-2192.

Opinion filed April 4, 2001.

Appeal from the Circuit Court for Hillsborough County; Robert J. Simms, Judge.

Reversed and Remanded.

James Marion Moorman, Public Defender and Bruce P. Taylor, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee.

Campbell, Monterey, (Senior) Judge.

Tyrone Ellison challenges the revocation of his community control. We reverse because only hearsay evidence supports Ellison's violations as they are alleged in the affidavit of violation of community control. A violation of community control or probation cannot be sustained based solely on hearsay. Kipp v. State, 657 So.2d 931 (Fla. 2d DCA 1995).

Reversed and remanded.

Patterson, C.J., and Davis, J., Concur.