Florida District Courts of Appeal, 2014

Pryor v. State

Pryor v. State
Florida District Courts of Appeal · Decided November 7, 2014 · Morris, Khouzam, Crenshaw
151 So. 3d 61; 2014 Fla. App. LEXIS 18190; 2014 WL 5784613 (Southern Reporter, Third Series)

Pryor v. State

Opinion

MORRIS, Judge.

Darriohn Pryor appeals the revocation of his probation for possession of cocaine and his resulting prison sentence. We remand for the trial court to strike the violation of condition 43 from the order of revocation because the State offered only hearsay evidence, through the testimony of the probation officer, to support that violation. See Beecham v. State, 652 So.2d 1275, 1275 (Fla. 3d DCA 1995). However, we affirm the revocation of Pryor’s probation because it is clear that the trial court would have revoked his probation based on the other two violations. See Bernier v. State, 951 So.2d 21, 22 (Fla. 2d DCA 2007).

Affirmed; remanded.

KHOUZAM and CRENSHAW, JJ., concur.

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