Grant v. State, 616 So. 2d 1184 (Fla. 3d DCA 1993). · Go Syfert
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Grant v. State, 616 So. 2d 1184 (Fla. 3d DCA 1993). Cases Citing This Book View Copy Cite
5 citation events across 1 distinct court.
Strongest positive: Miller v. State (fladistctapp, 1995-10-05)
Top citers, strongest first. 1 distinct citer.
discussed Cited as authority (rule) Miller v. State
Fla. Dist. Ct. App. · 1995 · confidence medium
Thus in Grant v. State, 616 So.2d 1184, 1185 (Fla. 3d DCA 1993), where the defendant's testimony that he had reported for a drug program was contradicted only by plainly insufficient hearsay evidence that he had not, the trial court's finding that the defendant had violated his probation by failing to report for a drug program evaluation was not supported by competent evidence.
Herbert GRANT, Appellant,
v.
The STATE of Florida, Appellee.
92-2632.
District Court of Appeal of Florida, Third District.
Apr 20, 1993.
616 So. 2d 1184
Schwartz, C.J., and Nesbitt and Cope.
Cited by 3 opinions  |  Published

[*1185] Bennett H. Brummer, Public Defender and Marti Rothenberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., Stephanie G. Kolman, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and COPE, JJ.

ON CONFESSION OF ERROR

PER CURIAM.

The state has commendably and correctly confessed that the trial court's finding that Grant violated his probation by failing to report for a drug program evaluation is not supported by the evidence. The record shows that Grant's direct testimony that he had reported was contradicted only by plainly insufficient hearsay evidence that he had not. See Frazier v. State, 587 So.2d 660 (Fla. 3d DCA 1991); McCrary v. State, 464 So.2d 670 (Fla. 2d DCA 1985); Curry v. State, 379 So.2d 140 (Fla. 4th DCA 1980). Accordingly, the order below revoking probation is reversed.