Miller v. State

10 So. 3d 693, 2009 Fla. App. LEXIS 5768, 2009 WL 1377831
District Court of Appeal of Florida·Decided May 19, 2009·No. 1D07-5404·Published·Cited by 1 cases

Opinion

PER CURIAM.

Willie Lee Miller appeals the revocation of his probation arguing that the State produced only hearsay evidence to support the alleged violation of the conditions of probation. The State rightly concedes that revocation in this case was improper given reliance on hearsay exclusively. See Andrews v. State, 693 So.2d 1138 (Fla. 1st DCA 1997).

Accordingly, the order revoking probation is VACATED, and the cause is REMANDED for the reinstatement of probation with appropriate credit.

HAWKES, C.J., VAN NORTWICK and BROWNING, JJ., concur.

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Miller v. State, 10 So. 3d 693, 2009 Fla. App. LEXIS 5768, 2009 WL 1377831 (Fla. Ct. App. 2009).

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