Capen v. State

District Court of Appeal of Florida

Capen v. State

616 So. 2d 631, 1993 Fla. App. LEXIS 4560, 18 Fla. L. Weekly Fed. D 1029

CourtDistrict Court of Appeal of Florida

DecidedApril 21, 1993

DocketNo. 92-1691

StatusPublished

This text of 616 So. 2d 631 (Capen v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Capen v. State, 616 So. 2d 631, 1993 Fla. App. LEXIS 4560, 18 Fla. L. Weekly Fed. D 1029 (Fla. Ct. App. 1993).

Pincite

Opinion

PER CURIAM.

The state conceding that revocation of appellant’s probation upon the ground of resisting arrest was erroneously based entirely on hearsay, the only remaining ground for revocation is the proven failure of appellant to file one monthly report.

We remand to the trial court to give it the opportunity to decide if this latter ground alone is sufficient in its eyes, under the circumstances hereof, to revoke appellant’s probation.

GLICKSTEIN, C.J., ANSTEAD, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The state conceding that revocation of appellant’s probation upon the ground of resisting arrest was erroneously based entirely on hearsay, the only remaining ground for revocation is the proven failure of appellant to file one monthly report.

We remand to the trial court to give it the opportunity to decide if this latter ground alone is sufficient in its eyes, under the circumstances hereof, to revoke appellant’s probation.

GLICKSTEIN, C.J., ANSTEAD, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

Cite This Page — Counsel Stack

Bluebook (online)

616 So. 2d 631, 1993 Fla. App. LEXIS 4560, 18 Fla. L. Weekly Fed. D 1029, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capen-v-state-fladistctapp-1993.