Wearen v. State

District Court of Appeal of Florida

Wearen v. State

570 So. 2d 1081, 1990 Fla. App. LEXIS 9108, 1990 WL 191966

CourtDistrict Court of Appeal of Florida

DecidedDecember 4, 1990

DocketNo. 90-154

StatusPublished

Cited by2 cases

This text of 570 So. 2d 1081 (Wearen 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

Wearen v. State, 570 So. 2d 1081, 1990 Fla. App. LEXIS 9108, 1990 WL 191966 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

The trial court revoked the appellant’s probation on the basis that he was in possession of cocaine, possession of a firearm, and committed a strong-arm robbery. Other than the violation for possession of a firearm, the violation was based only on [1082]*1082hearsay testimony, and this was not sufficient. Davis v. State, 510 So.2d 1247 (Fla. 1st DCA 1987); Wallace v. State, 440 So.2d 58 (Fla. 4th DCA 1983); Combs v. State, 351 So.2d 1103 (Fla. 4th DCA 1977). However, one of the grounds for violation being properly established, we affirm the order revoking probation. Casana v. State, 546 So.2d 794 (Fla. 3d DCA 1989); Underwood v. State, 455 So.2d 1133 (Fla. 2d DCA 1984); Gadson v. State, 368 So.2d 429 (Fla. 2d DCA 1979); Coxon v. State, 365 So.2d 1067 (Fla. 2d DCA 1979).

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PER CURIAM.

The trial court revoked the appellant’s probation on the basis that he was in possession of cocaine, possession of a firearm, and committed a strong-arm robbery. Other than the violation for possession of a firearm, the violation was based only on [1082]*1082hearsay testimony, and this was not sufficient. Davis v. State, 510 So.2d 1247 (Fla. 1st DCA 1987); Wallace v. State, 440 So.2d 58 (Fla. 4th DCA 1983); Combs v. State, 351 So.2d 1103 (Fla. 4th DCA 1977). However, one of the grounds for violation being properly established, we affirm the order revoking probation. Casana v. State, 546 So.2d 794 (Fla. 3d DCA 1989); Underwood v. State, 455 So.2d 1133 (Fla. 2d DCA 1984); Gadson v. State, 368 So.2d 429 (Fla. 2d DCA 1979); Coxon v. State, 365 So.2d 1067 (Fla. 2d DCA 1979).

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570 So. 2d 1081, 1990 Fla. App. LEXIS 9108, 1990 WL 191966, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wearen-v-state-fladistctapp-1990.

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