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Mitchell v. State

District Court of Appeal of Florida, Third District
May 12, 1992
598 So. 2d 274 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-1733.

May 12, 1992.

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

Bennett H. Brummer, Public Defender, and Louis Campbell, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Patricia Ann Ash, Asst. Atty. Gen., for appellee.

Before BARKDULL, HUBBART and COPE, JJ.


Andrew Mitchell appeals an order revoking his community control. It is true, as appellant contends, that "though hearsay evidence is admissible against a probationer in a revocation proceeding, revocation may nonetheless not be based solely on hearsay." Brown v. State, 537 So.2d 180, 181 (Fla. 3d DCA 1989). In this case, however, the revocation was not based solely on hearsay. The probation officer was Mitchell's supervising officer for two months prior to the hearing, and testified from personal knowledge as to Mitchell's failure to meet the conditions of his community control during that period of time. As the probation officer's testimony from personal knowledge corroborated the hearsay testimony based on the unintroduced probation records, probation was properly revoked.

Affirmed.


Summaries of

Mitchell v. State

District Court of Appeal of Florida, Third District
May 12, 1992
598 So. 2d 274 (Fla. Dist. Ct. App. 1992)
Case details for

Mitchell v. State

Case Details

Full title:ANDREW MITCHELL, A/K/A EDGAR LEE BUNTON, APPELLANT, v. THE STATE OF…

Court:District Court of Appeal of Florida, Third District

Date published: May 12, 1992

Citations

598 So. 2d 274 (Fla. Dist. Ct. App. 1992)

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