Keion Ware v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: November 5, 2025
• Docket: 3D2024-2001
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed November 5, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-2001 Lower Tribunal No. F20-11402 ________________

Keion Ware, Appellant,

vs.

State of Florida, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Lody Jean, Judge.

Carlos J. Martinez, Public Defender and Shannon Hemmendinger, Assistant Public Defender, for appellant.

James Uthmeier, Attorney General, and Liz Feliz, Assistant Attorney General, for appellee.

Before SCALES, C.J., and LOGUE, and MILLER, JJ.

PER CURIAM Affirmed. See Facen v. State, 386 So. 3d 991, 993 (Fla. 3d DCA 2023)

(an appellate court reviews the trial court’s decision to revoke probation for

an abuse of discretion); Robertson v. State, 800 So. 2d 338, 339 (Fla. 3d

DCA 2001) (“Hearsay evidence is admissible in violation of probation

hearings and can sustain a violation when corroborated by direct evidence.”);

Garcia v. State, 373 So. 3d 1213, 1235 (Fla. 3d DCA 2023) (“Certainly, a

defendant’s false exculpatory statements made to the police to avoid

prosecution for a crime constitute ‘substantive evidence tending to

affirmatively show a consciousness of guilt on [the defendant’s] part for

committing that crime.’”) (quoting Simpson v. State, 562 So. 2d 742, 745 (Fla.

1st DCA 1990)); Johnson v. State, 378 So. 2d 108, 109 (Fla. 5th DCA 1980)

(rejecting the contention that “an admission against interest is hearsay

which, standing alone, cannot suffice as proof of violation of a condition of

probation” because “a defendant’s admission, as opposed to statements by

third parties, is [n]ot hearsay”).