Arnold v. State, 4-86-0534
| Decision Date | 03 December 1986 |
| Docket Number | No. 4-86-0534,4-86-0534 |
| Citation | 497 So.2d 1356,11 Fla. L. Weekly 2522 |
| Parties | 11 Fla. L. Weekly 2522 Cary ARNOLD, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, Robert L. Teitler, Asst. Atty. Gen., and Donna R. Slebodnik, Certified Legal Intern, West Palm Beach, for appellee.
The appellant's probation was revoked on the grounds that he was in possession of cocaine. The only proof that the substance in question was cocaine was in the form of an oral hearsay reference to the results of a laboratory test. While hearsay is admissible in revocation proceedings, proof of a violation must be supported by other competent, non-hearsay, evidence. Combs v. State, 351 So.2d 1103 (Fla. 4th DCA 1977). Accordingly, we reverse and remand without prejudice to the court to conduct another evidentiary hearing on appellant's alleged violations.
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