Ray Edward Carter appeals an order revoking his probation for “using intoxicants to excess or possessing аny drugs or narcotics.” At issue is whether the state put on competent evidence at the probation revocation hearing sufficient to prove that he used or possessed cocaine while on probatiоn. We conclude the competent evidence was insufficient, and reverse.
On appeal, the standard of review is abuse of discretion, see State v. Carter,
Testimony in the present case that laboratory test results were pоsitive for cocaine, like the laboratory report itself, was hearsay that came into evidence over Mr. Carter’s hearsay objection. “ ‘Although hearsay evidence is admissible in violation of probation hearings, a violation cannot be sustained solely on hearsay evidence.’ Andrews v. State,
At the end of the hearing in the present case, the trial judge found that the state had presented sufficient non-hearsay evidence based on Officer Guedez’s field or “presumptive office test” and revoked probation: Officer Guedez testified over objection that he performed a field test of Mr. Carter’s urine, and that it tested positive for cocainе. On cross-examination, Officer Guedez testified that he did not know the name of the field test he performed or hоw it worked scientifically; he only knew “if it comes back positive or if it comes back negative.” Officer Guedеz testified that two years earlier he had performed another field test and obtained positive results which were not, in that instance, borne out by the lab results. He did not claim to' have administered the field test more than once before, and that administration apparently yielded a false positive. The trial judge overruled Mr. Carter’s timely objection to “any results of any in-house tests done by the officer, specifically to lack of foundation to the reliability of the test.”
Officer Guedez gave no indication that he was certified to administer the test, оr had in fact administered it with any frequency. Cf. Terry v. State, 111 So.2d 1093, 1094 (Fla. 5th DCA 2001) (finding probation officer’s testimony sufficient to show presence of cocaine metabolites in Terry’s urine where officer, although untrained in pharmacology or chemistry, testified to the nature of the field test and how it was performed, and that he was certified by the state to administеr the test, which he administered fifty times a month). Officer Guedez did not testify to any independent ability to identify cocainе or its metabolites in urine.
Mr. Carter argues that the state did not establish the field test was reliable or performed by anybody who could interpret it reliably, citing Weaver v. State,
The present case resembles Weaver, a decision we recently cited with approval in Bray v. State,
Officer Guedez did not demonstrate any expertisе concerning or understanding of the workings of the test, and could not offer an opinion about the significance of the test results. See Robinson v. State,
The state hаd the burden to prove, by a preponderance of the evidence, that Mr. Carter had committed a willful аnd substantial violation of a condition of his probation. See Van Wagner v. State,
Reversed.
