Gaddy v. State, No. 2D09-1469.

CourtCourt of Appeal of Florida (US)
Writing for the CourtLaRose
Citation23 So.3d 1258
PartiesBrian GADDY, Appellant, v. STATE of Florida, Appellee.
Docket NumberNo. 2D09-1469.
Decision Date30 December 2009
23 So.3d 1258
Brian GADDY, Appellant,
v.
STATE of Florida, Appellee.
No. 2D09-1469.
District Court of Appeal of Florida, Second District.
December 30, 2009.

James Marion Moorman, Public Defender, and Maureen E. Surber, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.

LaROSE, Judge.


Brian Gaddy appeals the trial court's order revoking his probation. The trial court found that Mr. Gaddy violated three probation conditions: failing to report to his probation officer (condition two), moving from his approved residence without permission (condition four), and committing four new law violations (condition five). Mr. Gaddy argues that only hearsay testimony established the alleged violations of condition five. He seeks a new revocation hearing to determine if the trial court would revoke probation solely on the remaining two grounds. The State concedes error as to the evidence supporting the new law violations. However, the State contends, and we agree, that competent, substantial evidence otherwise supports the probation revocation. It is only necessary to remand to correct the trial court's order.

The trial court placed Mr. Gaddy on two years' probation in September 2008, for

fleeing or attempting to elude a law enforcement officer in a vehicle driven at high speed or with wanton disregard for persons or property, a second-degree felony. See § 316.1935(3)(a), Fla. Stat. (2007). In December 2008, Mr. Gaddy moved from his approved residence without prior permission. The Department of Corrections did not know his whereabouts and, thus, classified him as an absconder. Mr. Gaddy also failed to report to his probation officer. An affidavit of violation was filed alleging these violations of conditions two and four.

Subsequently-filed affidavits alleged that Mr. Gaddy committed four new law violations, in violation of condition five. At the revocation hearing, the State presented only hearsay evidence to support these violations. A trial court may consider hearsay testimony at a violation of probation hearing. See Robinson v. State, 744 So.2d 1188, 1189 (Fla. 2d DCA 1999). But, hearsay may not be the sole basis supporting a ground for revocation. Id. at 1189 n. 1 (citing Kipp v. State, 657 So.2d 931, 932 (Fla. 2d DCA 1995)); Franklin v. State, 226 So.2d 461, 462 (Fla. 2d DCA 1969) (explaining that the introduction...

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4 practice notes
  • Savage v. State, No. 2D12–2269.
    • United States
    • Court of Appeal of Florida (US)
    • 30 Agosto 2013
    ...based on that alleged new law violation” where no evidence supported trial court's finding that a battery occurred); Gaddy v. State, 23 So.3d 1258, 1259 (Fla. 2d DCA 2009) (holding that the evidence that the defendant violated a probation condition was not competent and substantial because ......
  • Cerny v. State , No. 2D09–5338.
    • United States
    • Court of Appeal of Florida (US)
    • 22 Julio 2011
    ...on the violation—including the hearsay evidence that is admissible in such a context—to authorize a revocation. See Gaddy v. State, 23 So.3d 1258, 1259 (Fla. 2d DCA 2009) (holding that the State, which presented only hearsay evidence, failed to prove by competent, substantial evidence that ......
  • Q.G.W.M. v. State, Nos. 2D13–992
    • United States
    • Court of Appeal of Florida (US)
    • 12 Febrero 2014
    ...that the trial court would have found Q.G.W.M. in violation of his probation on the other two grounds. We agree. See Gaddy v. State, 23 So.3d 1258, 1259 (Fla. 2d DCA 2009) (holding that revocation of probation and sentence need not be reconsidered where one condition was not established but......
  • Whittaker v. State, Case No. 2D09-2715
    • United States
    • Court of Appeal of Florida (US)
    • 27 Octubre 2010
    ...law violations were sufficient to justify the revocation of probation, we affirmPage 2the order revoking probation. See Gaddy v. State, 23 So. 3d 1258, 1259 (Fla. 2d DCA 2009); Green v. State, 19 So. 3d 449, 449-50 (Fla. 2d DCA 2009). However, we remand with directions for the trial court t......
4 cases
  • Savage v. State, No. 2D12–2269.
    • United States
    • Court of Appeal of Florida (US)
    • 30 Agosto 2013
    ...based on that alleged new law violation” where no evidence supported trial court's finding that a battery occurred); Gaddy v. State, 23 So.3d 1258, 1259 (Fla. 2d DCA 2009) (holding that the evidence that the defendant violated a probation condition was not competent and substantial because ......
  • Cerny v. State , No. 2D09–5338.
    • United States
    • Court of Appeal of Florida (US)
    • 22 Julio 2011
    ...on the violation—including the hearsay evidence that is admissible in such a context—to authorize a revocation. See Gaddy v. State, 23 So.3d 1258, 1259 (Fla. 2d DCA 2009) (holding that the State, which presented only hearsay evidence, failed to prove by competent, substantial evidence that ......
  • Q.G.W.M. v. State, Nos. 2D13–992
    • United States
    • Court of Appeal of Florida (US)
    • 12 Febrero 2014
    ...that the trial court would have found Q.G.W.M. in violation of his probation on the other two grounds. We agree. See Gaddy v. State, 23 So.3d 1258, 1259 (Fla. 2d DCA 2009) (holding that revocation of probation and sentence need not be reconsidered where one condition was not established but......
  • Whittaker v. State, Case No. 2D09-2715
    • United States
    • Court of Appeal of Florida (US)
    • 27 Octubre 2010
    ...law violations were sufficient to justify the revocation of probation, we affirmPage 2the order revoking probation. See Gaddy v. State, 23 So. 3d 1258, 1259 (Fla. 2d DCA 2009); Green v. State, 19 So. 3d 449, 449-50 (Fla. 2d DCA 2009). However, we remand with directions for the trial court t......

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