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RUSSELL v. STATE

No. 5D05-2630.

920 So.2d 683 (2006)

Anthony K. RUSSELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 10, 2006.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and David S. Morgan, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

TORPY, J.

Appellant's probation was revoked based on proof that he battered his pregnant girlfriend. He raises three grounds on appeal, but only two grounds, both of which challenge the use of hearsay evidence to prove the violation, merit discussion.

Sheriff's Deputy Torrellas provided the only testimony in support of the sustained charge. He testified that he responded to a gas station at the request of the victim...

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