Lockett v. State

District Court of Appeal of Florida

Lockett v. State

547 So. 2d 1292, 14 Fla. L. Weekly 2040, 1989 Fla. App. LEXIS 4847, 1989 WL 99710

District Court of Appeal of Florida·Decided August 31, 1989·No. No. 89-533·Published·Cited by 1 cases

Opinion

PER CURIAM.

In this case the appellant’s probation was revoked solely on the basis of his arrest for the offense of solicitation of prostitution. The trial court excluded testimony as to any verbal communications between the appellant and the arresting officer on the basis of a discovery violation. The evidence of arrest, standing alone, was insufficient. See Purvis v. State, 397 So.2d 746, 747 (Fla. 5th DCA 1981); Brown v. State, 338 So.2d 573 (Fla. 2d DCA 1976).

REVERSED.

[1293] DANIEL, C.J., and COBB, J., concur. GOSHORN, J., dissents without opinion.

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PER CURIAM.

In this case the appellant’s probation was revoked solely on the basis of his arrest for the offense of solicitation of prostitution. The trial court excluded testimony as to any verbal communications between the appellant and the arresting officer on the basis of a discovery violation. The evidence of arrest, standing alone, was insufficient. See Purvis v. State, 397 So.2d 746, 747 (Fla. 5th DCA 1981); Brown v. State, 338 So.2d 573 (Fla. 2d DCA 1976).

REVERSED.

[1293] DANIEL, C.J., and COBB, J., concur. GOSHORN, J., dissents without opinion.

Lockett v. State, 547 So. 2d 1292, 14 Fla. L. Weekly 2040, 1989 Fla. App. LEXIS 4847, 1989 WL 99710 (Fla. Ct. App. 1989).

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Opinion

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