Outing v. State

District Court of Appeal of Florida

Outing v. State

704 So. 2d 694, 1997 Fla. App. LEXIS 14340, 1997 WL 824878

CourtDistrict Court of Appeal of Florida

DecidedDecember 24, 1997

DocketNo. 96-04081

StatusPublished

Cited by1 cases

This text of 704 So. 2d 694 (Outing 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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Outing v. State, 704 So. 2d 694, 1997 Fla. App. LEXIS 14340, 1997 WL 824878 (Fla. Ct. App. 1997).

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Opinion

PATTERSON, Judge.

Jonathan Outing appeals from the sentence imposed upon him following the revocation of his probation. He correctly argues, and the State concedes, that the State failed to present sufficient nonhearsay evidence that Outing violated the terms of his probation by changing his approved residence. See McCrary v. State, 464 So.2d 670 (Fla. 2d DCA 1985) (holding that a defendant’s probation cannot be revoked solely on the basis of hearsay). Therefore, we reverse the order of revocation. Reversed.

DANAHY, A.C.J., and FRANK, J., concur.

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PATTERSON, Judge.

Jonathan Outing appeals from the sentence imposed upon him following the revocation of his probation. He correctly argues, and the State concedes, that the State failed to present sufficient nonhearsay evidence that Outing violated the terms of his probation by changing his approved residence. See McCrary v. State, 464 So.2d 670 (Fla. 2d DCA 1985) (holding that a defendant’s probation cannot be revoked solely on the basis of hearsay). Therefore, we reverse the order of revocation. Reversed.

DANAHY, A.C.J., and FRANK, J., concur.

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704 So. 2d 694, 1997 Fla. App. LEXIS 14340, 1997 WL 824878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/outing-v-state-fladistctapp-1997.

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