midpage

Grant v. StateGrant v. State

District Court of Appeal of Florida
Apr 20, 1993
92-2632
Versions:616 So. 2d 1184
1993 WL 120528

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.

Case Details

Case Name: Grant v. State
Court Name: District Court of Appeal of Florida
Date Published: Apr 20, 1993
Citations: 616 So. 2d 1184; 1993 WL 120528; 92-2632
Docket Number: 92-2632
Court Abbreviation: Fla. Dist. Ct. App.
Log In