THOMPSON v. STATE

No. 2D04-33.

890 So.2d 382 (2004)

Benjamin THOMPSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 22, 2004.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Jenny Scavino Sieg, Assistant Attorney General, Tampa, for Appellee.


NORTHCUTT, Judge.

A circuit court may not revoke probation or community control when the State presents only hearsay evidence to prove that the defendant violated the terms of supervision. For this reason, we reverse the order revoking Benjamin Thompson's community control for violating the condition that he successfully complete a drug treatment program.

The State bears the burden of proving a willful and substantial violation of supervision. Although hearsay...

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