Florida District Courts of Appeal, 2007

Richardson v. State

Richardson v. State
Florida District Courts of Appeal · Decided May 14, 2007 · Barfield, Kahn, Padovano
955 So. 2d 666; 2007 Fla. App. LEXIS 7529; 2007 WL 1385912 (Southern Reporter, Second Series)

Richardson v. State

Opinion of the Court

PER CURIAM.

James Richardson appeals the revocation of his probation for violation of conditions (4) and (8) of his probation terms. The record supports the circuit court’s findings regarding these violations. Further, as to the report from the independent lab, this court has rejected the argument, based on Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), that such reports are inadmissible in revocation proceedings. See Peters v. State, 919 So.2d 624 (Fla. 1st DCA 2006) (affirming revocation of community control, finding “testimonial hearsay” rule set forth in Crawford inapplicable to revocation proceedings, and certifying question of great public importance to Florida Supreme Court), review granted, 924 So.2d 809 (Fla. 2006).

AFFIRMED.

BARFIELD, KAHN and PADOVANO, JJ., concur.

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