Outing v. State

District Court of Appeal of Florida

Outing v. State

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

District Court of Appeal of Florida·Decided December 24, 1997·No. No. 96-04081·Published·Cited by 1 cases

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.

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

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Opinion

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