Opinion
Case No. 96-04081
Opinion filed December 24, 1997.
Appeal from the Circuit Court for Hillsborough County; Barbara Fleischer, Judge.
Kimberly K. Fernandez of Fernandez McLean, P.A., Tampa, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Anne E. Sheer, Assistant Attorney General, Tampa, for Appellee.
Jonathan Outing appeals from the sentence imposed upon him following the revocation of his probation. He correctly argues, and the State concedes, that the State failed to present sufficient nonhearsay evidence that Outing violated the terms of his probation by changing his approved residence. See McCrary v. State, 464 So.2d 670 (Fla. 2d DCA 1985) (holding that a defendant's probation cannot be revoked solely on the basis of hearsay). Therefore, we reverse the order of revocation.
Reversed.
DANAHY, A.C.J., and FRANK, J., Concur.