Arnold v. State, 497 So. 2d 1356

PER CURIAM.

The appellant‘s probation was revoked on the grounds that he was in possession of cocaine. The only proof that the substance in question was cocaine was in the form of an oral hearsay reference to the results of a laboratory test. While hearsay is admissible in revocation proceedings, proof of a violation must be supported by other competent, non-hearsay, evidence. Combs v. State, 351 So.2d 1103 (Fla. 4th DCA 1977). Accordingly, we reverse and remand without prejudice to the court to conduct another evidentiary hearing on appellant‘s alleged violations.

ANSTEAD and GUNTHER, JJ., concur.

LETTS, J., dissents without opinion.

Case Details

Case Name: Arnold v. State

Court Name: District Court of Appeal of Florida

Date Published: Dec 3, 1986

Citations: 497 So. 2d 1356; 11 Fla. L. Weekly 2522; 4-86-0534

Docket Number: 4-86-0534

Court Abbreviation: Fla. Dist. Ct. App.