Periard v. State

District Court of Appeal of Florida

Periard v. State

264 So. 3d 972

CourtDistrict Court of Appeal of Florida

DecidedFebruary 13, 2019

DocketNo. 4D18-1655

StatusPublished

This text of 264 So. 3d 972 (Periard 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.

Bluebook

Periard v. State, 264 So. 3d 972 (Fla. Ct. App. 2019).

Pincite

Opinion

Per Curiam.

*973Appellant, Jacinte Periard, appeals the revocation of her probation and subsequent sentencing. Appellant contends the trial court erred: (1) because proof of her violations was based entirely on hearsay; (2) the evidence was insufficient to prove willfulness; and (3) the trial court lacked case jurisdiction to proceed with a violation hearing. The State confesses error on all three issues and does not oppose reversal of the order revoking probation and the sentence imposed thereafter. After reviewing the record, we agree that the trial court erred as to all three issues. We reverse the order revoking probation and the sentence imposed thereafter, and remand the case for the trial court to vacate those orders and to dismiss the violation proceeding.

Reversed and remanded with instructions.

Conner, Forst and Kuntz, JJ., concur.

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Per Curiam.

*973Appellant, Jacinte Periard, appeals the revocation of her probation and subsequent sentencing. Appellant contends the trial court erred: (1) because proof of her violations was based entirely on hearsay; (2) the evidence was insufficient to prove willfulness; and (3) the trial court lacked case jurisdiction to proceed with a violation hearing. The State confesses error on all three issues and does not oppose reversal of the order revoking probation and the sentence imposed thereafter. After reviewing the record, we agree that the trial court erred as to all three issues. We reverse the order revoking probation and the sentence imposed thereafter, and remand the case for the trial court to vacate those orders and to dismiss the violation proceeding.

Reversed and remanded with instructions.

Conner, Forst and Kuntz, JJ., concur.

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Bluebook (online)

264 So. 3d 972, Counsel Stack Legal Research, https://law.counselstack.com/opinion/periard-v-state-fladistctapp-2019.