NUGENT v. STATE

No. 4D09-230.

45 So.3d 528 (2010)

Romaine NUGENT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 6, 2010.


Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Peggy Natale , Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum , Attorney General, Tallahassee, and Jeanine M. Germanowicz , Assistant Attorney General, West Palm Beach, for appellee.


WARNER, J.

Romaine Nugent appeals the revocation of his community control and his sentence to prison for 50 months, after he was found to have violated his community control by committing the crimes of battery on a person 65 years of age or older and corruption by threat. He claims that the trial court abused its discretion in finding that he committed the battery, because the state failed to carry its burden, where the only evidence of the crime was the hearsay statement...

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