Florida District Courts of Appeal, 1997

Outing v. State

Outing v. State
Florida District Courts of Appeal · Decided December 24, 1997 · Danahy, Frank, Patterson
704 So. 2d 694; 1997 Fla. App. LEXIS 14340; 1997 WL 824878 (Southern Reporter, Second Series)

Outing v. State

Opinion of the Court

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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