Florida District Courts of Appeal, 2015

Michael A. Moore v. State of Florida

Michael A. Moore v. State of Florida
Florida District Courts of Appeal · Decided August 19, 2015 · Ciklin, Conner, Per Curiam, Taylor
174 So. 3d 497; 2015 Fla. App. LEXIS 12463; 2015 WL 4934756 (Southern Reporter, Third Series)

Michael A. Moore v. State of Florida

Opinion

PER CURIAM.

Affirmed. See Russell v. State, 982 So.2d 642, 646-47 (Fla. 2008) (holding that a trial court may find that a violation of probation for an alleged battery may be proven by a preponderance of the evidence through a hearsay statement of the victim and non-hearsay testimony of the direct observation of the victim’s injury and the attendant circumstances, and explaining: “whether non-hearsay evidence, including direct testimony of an observation of victim injury, is sufficient to support a hearsay allegation of battery is dependent upon the unique facts and circumstances of each case. Consequently, the trial court must assess the credibility of the particular wit *498 nesses, the reliability of the available evidence, and the totality of the evidence under the circumstances of each individual case.”)

CIKLIN, C.J., TAYLOR and CONNER, JJ., concur.

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