Briаn Gaddy appeals the trial court’s order revoking his probation. The trial court found that Mr. Gaddy violated three probation conditions: fаiling to report to his probation officer (condition two), moving from his аpproved residence without permission (condition four), and committing four new law violations (condition five). Mr. Gaddy argues that only hearsay tеstimony established the alleged violations of condition five. He seеks a new revocation hearing to determine if the trial court would rеvoke probation solely on the remaining two grounds. The State cоncedes error as to the evidence supporting the new law violations. However, the State contends, and we agree, that cоmpetent, substantial evidence otherwise supports the probation revocation. It is only necessary to remand to correct the trial court’s order.
The trial court placed Mr. Gaddy on two years’ probation in September 2008, for
Subsequently-filed affidavits alleged that Mr. Gaddy committed four new law violations, in viоlation of condition five. At the revocation hearing, the State рresented only hearsay evidence to support these violations. A trial court may consider hearsay testimony at a violation оf probation hearing.
See Robinson v. State,
Nevertheless, the State established violations of conditions two and four by competent, substantial evidence. Standing alone, these violations justify revocation of probation.
See Franklin,
Accordingly, we affirm the revocation of Mr. Gaddy’s probation and the three-year prison sentence imposed. We remand for the trial court to strike the findings of violations of сondition five and to enter a corrected revocation оrder reflecting violations of conditions two and four. Mr. Gad-dy need not be present for the correction of the revocation order.
ALTENBERND and WHATLEY, JJ„ Concur.
