DAVIS v. STATE

No. 5D02-1761.

831 So.2d 792 (2002)

Lamar DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 6, 2002.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellant.

Richard E. Doran, Attorney General, Tallahassee, and Patrick W. Krechowski, Assistant Attorney General, Daytona Beach, for Appellee.


COBB, J.

The issue posed by this appeal is whether a probationer (Davis) is subject to revocation solely on the basis of judicial notice taken of the affidavit of a sheriff's deputy filed in a separate case wherein Davis was charged with robbery with a firearm. The deputy affiant in that case did not testify at the probation revocation hearing. It is well established that hearsay evidence, while admissible in probation revocation proceedings, cannot constitute the...

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