SMITH v. STATE

No. 94-1657.

664 So.2d 72 (1995)

John SMITH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 13, 1995.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Sylvie Perez Posner, Assistant Attorney General (Hollywood), for appellee.

Before HUBBART, LEVY and GREEN, JJ.


PER CURIAM.

The State acknowledges that the only evidence to support the allegation that the defendant violated his probation by not successfully completing a drug rehabilitation program, as a condition of his probation, consists solely of hearsay evidence. The State correctly concedes, therefore, that this allegation is insufficient to support a revocation of the defendant's probation.

Since the record is equally clear, however, that there was an additional...

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