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Richardson v. State

District Court of Appeal of Florida, First District
May 14, 2007
955 So. 2d 666 (Fla. Dist. Ct. App. 2007)

Opinion

No. 1D06-1270.

May 14, 2007.

An Appeal from the Circuit Court for Duval County. Michael R. Weatherby Judge.

Nancy A. Daniels, Public Defender, and M.J. Lord, Assistant Public Degender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Daniel A. David, Assistant Attorney General, Tallahassee, for Appellee.


James Richardson appeals the revocation of his probation for violation of conditions (4) and (8) of his probation terms. The record supports the circuit court's findings regarding these violations. Further, as to the report from the independent lab, this court has rejected the argument, based on Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), that such reports are inadmissiable in revocation proceedings. See Peters v. State, 919 So.2d 624 (Fla. 1st DCA 2006) (affirming revocation of community control, finding "testimonial hearsay" rule set forth in Crawford inapplicable to revocation proceedings, and certifying question of great public importance of Florida Supreme Court), review granted, 924 So.2d 809 (Fla. 2006).

AFFIRMED.

BARFIELD, KAHN and PADOVANO, JJ., concur.


Summaries of

Richardson v. State

District Court of Appeal of Florida, First District
May 14, 2007
955 So. 2d 666 (Fla. Dist. Ct. App. 2007)
Case details for

Richardson v. State

Case Details

Full title:James RICHARDSON, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: May 14, 2007

Citations

955 So. 2d 666 (Fla. Dist. Ct. App. 2007)