Charles v. State

District Court of Appeal of Florida

Charles v. State

558 So. 2d 545, 1990 Fla. App. LEXIS 2423, 1990 WL 40324

CourtDistrict Court of Appeal of Florida

DecidedApril 10, 1990

DocketNo. 89-2639

StatusPublished

Cited by1 cases

This text of 558 So. 2d 545 (Charles 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.

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Charles v. State, 558 So. 2d 545, 1990 Fla. App. LEXIS 2423, 1990 WL 40324 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

The State concedes that it was error for the trial court to revoke the defendant’s probation when the only evidence presented at the probation violation hearing was hearsay testimony. Brown v. State, 537 So.2d 180 (Fla. 3d DCA 1989).

Accordingly, the order revoking probation is hereby reversed, with this cause being remanded without prejudice to the filing of “a further affidavit and further proceedings upon the violation upon which hearing was had.” Hampton v. State, 276 So.2d 497 (Fla. 3d DCA 1973). See Miller v. State, 444 So.2d 523 (Fla. 1st DCA 1984); Purvis v. State, 420 So.2d 389 (Fla. 5th DCA 1982); Reeves v. State, 366 So.2d 1229 (Fla. 2d DCA 1979); White v. State, 301 So.2d 464 (Fla. 1st DCA 1974).

Reversed and remanded.

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PER CURIAM.

The State concedes that it was error for the trial court to revoke the defendant’s probation when the only evidence presented at the probation violation hearing was hearsay testimony. Brown v. State, 537 So.2d 180 (Fla. 3d DCA 1989).

Accordingly, the order revoking probation is hereby reversed, with this cause being remanded without prejudice to the filing of “a further affidavit and further proceedings upon the violation upon which hearing was had.” Hampton v. State, 276 So.2d 497 (Fla. 3d DCA 1973). See Miller v. State, 444 So.2d 523 (Fla. 1st DCA 1984); Purvis v. State, 420 So.2d 389 (Fla. 5th DCA 1982); Reeves v. State, 366 So.2d 1229 (Fla. 2d DCA 1979); White v. State, 301 So.2d 464 (Fla. 1st DCA 1974).

Reversed and remanded.

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558 So. 2d 545, 1990 Fla. App. LEXIS 2423, 1990 WL 40324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-v-state-fladistctapp-1990.

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