WEAVER v. STATE

No. 88-168.

543 So.2d 443 (1989)

Herman WEAVER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 23, 1989.


Attorney(s) appearing for the Case

Mel Black, Miami, for appellant.

Robert A. Butterworth, Atty. Gen., and Steven T. Scott, Asst. Atty. Gen., for appellee.

Before NESBITT, BASKIN and FERGUSON, JJ.


PER CURIAM.

Weaver appeals from an order finding him guilty of a probation violation. He alleges, and we agree, that the State failed to present sufficient proof to establish the violation.

An Affidavit for Violation of Probation was filed by the State charging the defendant with trafficking in heroin. At the probation revocation hearing, two undercover officers, Smith and Brinson, testified that the defendant sold them heroin. Nevertheless, the only non-hearsay...

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