Florida District Courts of Appeal, 1987

Johnson v. State

Florida District Courts of Appeal · Decided June 24, 1987 · Downey, Hersey, Letts

509 So. 2d 373; 12 Fla. L. Weekly 1547; 1987 Fla. App. LEXIS 12111 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Jenkins v. Wessel (Fla. Dist. Ct. App. 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We reverse and remand, holding that the fifth amendment privilege against self-incrimination is applicable in a probation revocation hearing as to specific conduct and circumstances concerning criminal offenses, State v. Heath, 343 So.2d 13 (Fla.), cert. denied, 434 U.S. 893, 98 S.Ct. 269, 54 L.Ed.2d 179 (1977); and that where the accused testifies, he shall be considered to have waived the privilege only as to matters relevant to issues raised by his testimony on direct examination.

REVERSED and REMANDED for NEW HEARING.

HERSEY, C.J., and DOWNEY and LETTS, JJ., concur.

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