Kipp v. State, 93-02560
| Citation | 657 So.2d 931 |
| Decision Date | 07 July 1995 |
| Docket Number | No. 93-02560,93-02560 |
| Parties | 20 Fla. L. Weekly D1582 Brian Walter KIPP, Appellant, v. STATE of Florida, Appellee. |
| Court | Court of Appeal of Florida (US) |
A.R. Mander, III of Greenfelder, Mander, Hanson, Murphy & Dwyer, Dade City, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Anne E. Sheer, Asst. Atty. Gen., Tampa, for appellee.
The appellant, Brian Walter Kipp, challenges the revocation of his probation. We agree with the appellant's contention that the revocation was based solely on hearsay and, accordingly, reverse.
The appellant pled no contest to attempted burglary, in violation of sections 810.02(3) and 777.04, Florida Statutes (1991). The trial court withheld adjudication and sentenced the appellant to one year probation. The affidavit of violation of probation which was subsequently filed alleged, among other things, that the appellant violated probation condition (17). Probation condition (17) stated: "You will report to the Probation/Community Control Office by 4:00 p.m. this date, if you are released by 3:00 p.m., or if not, you must report by noon of the next business day." The affidavit alleged that the appellant was released on December 8, 1992, at 1:00 p.m., and that as of January 5, 1993, the appellant had failed to report.
At the violation of probation hearing, the probation intake officer testified that based upon her review of the sign in log which was located in the reception area of the probation office, the appellant did not report as instructed. While the intake officer relied solely upon her review of the probation records for her testimony, the state never introduced the records into evidence. See Brown v. State, 537 So.2d 180 (Fla. 3d DCA 1989). No other testimony was presented regarding the appellant's alleged violation of probation condition (17). Although there was testimony regarding other alleged violations of probation, the trial court stated that it only had to find him guilty of one violation. The trial court ruled that the appellant violated probation condition (17) and, as a result, revoked his probation, adjudicated him guilty of attempted burglary, and sentenced him to thirty months in prison. This timely appeal followed.
Hearsay testimony is admissible in evidence at a probation revocation hearing. Frazier v. State, 587 So.2d 660 (Fla. 3d DCA 1991). However, a revocation of probation may not be based solely upon such evidence. Mitchell...
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Savage v. State
...probation records, where State's failure to admit records into evidence rendered officer's testimony hearsay) (citing Kipp v. State, 657 So.2d 931, 932 (Fla. 2d DCA 1995)); Grimsley v. State, 830 So.2d 118 (Fla. 2d DCA 2002) (reversing revocation for lack of competent evidence where only ev......
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Garcia v. State, 96-02556
...evidence at a probation revocation hearing, a revocation of probation may not be based solely upon hearsay evidence. See Kipp v. State, 657 So.2d 931 (Fla. 2d DCA 1995); McCrary v. State, 464 So.2d 670 (Fla. 2d DCA In the instant case, the State failed to present sufficient evidence that ap......
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Hines v. State, 2D00-2607.
...the sole basis for revocation of probation. Robinson v. State, 744 So.2d 1188, 1189 n. 1 (Fla. 2d DCA 1999) (citing Kipp v. State, 657 So.2d 931, 932 (Fla. 2d DCA 1995)); Garcia v. State, 701 So.2d 607, 608 (Fla. 2d DCA 1997). As in Robinson, the defendant's signature was missing from that ......
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Gaddy v. State, 2D09-1469.
...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 of hearsay in a revocation hear......