Florida District Courts of Appeal, 1987

Johnson v. State

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)

Johnson v. State

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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