Purvis v. State, 80-646
| Decision Date | 29 April 1981 |
| Docket Number | No. 80-646,80-646 |
| Citation | 397 So.2d 746 |
| Parties | Marvin Dewitt PURVIS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James B. Gibson, Public Defender, and Ronald K. Zimmet, Chief, Appellate Division, Daytona Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.
The only evidence presented to the trial court in support of the charge that appellant had violated the condition of his probation that he "live and remain at liberty without violating any law," was hearsay. Although the rules of evidence are relaxed at probation violation hearings and hearsay evidence may be introduced, a finding of probation violation cannot be sustained on hearsay evidence alone. Combs v. State, 351 So.2d 1103 (Fla.4th DCA 1977); Wheeler v. State, 344 So.2d 630 (Fla.2d DCA 1977). Evidence of probationer's arrest, without more, will not support a revocation of probation. Brown v. State, 338 So.2d 573 (Fla.2d DCA 1976).
The order revoking appellant's probation is vacated and set aside. The judgment and sentence based on the order revoking probation is similarly vacated and set aside. In so doing, we express no opinion on the merits of the underlying charge for which appellant was arrested and on which the probation violation hearing was based.
Order and judgment vacated.
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Jones v. State
...a felony conviction and a fifteen year prison sentence. I would reverse and remand for a proper, substantial hearing. Purvis v. State, 397 So.2d 746 (Fla. 5th DCA 1981); Combs v. State, 351 So.2d 1103 (Fla. 4th DCA 1977); Demchak v. State, 351 So.2d 1053 (Fla. 4th DCA 1977). 1 For example, ......
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Green v. State
...1st DCA 1991), approved in part, disapproved in part on other grounds by State v. Rock, 605 So.2d 456 (Fla.1992); Purvis v. State, 397 So.2d 746, 747 (Fla. 5th DCA 1981). See also Glass v. State, 597 So.2d 984 (Fla. 1st DCA 1992). By the same token, it is improper to revoke probation based ......
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Donaldson v. State, 81-108
...v. State, 350 So.2d 568 (Fla. 3d DCA 1977), but probation may not be revoked merely on the basis of an arrest. See Purvis v. State, 397 So.2d 746 (Fla. 5th DCA 1981). Some courts refer to a rule that probation may be revoked solely on the basis of a conviction of a subsequent crime. Demchak......
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Rodriguez v. State, 5D99-3262.
...of the conditions of her probation. REVERSED. THOMPSON, C.J., and COBB, J., concur. 1. § 817.61 (Fla.Stat.1997). 2. Purvis v. State, 397 So.2d 746 (Fla. 5th DCA 1981). See also Anderson v. State, 711 So.2d 106, 108 (Fla. 4th DCA 1998); Ford v. State, 678 So.2d 432 (Fla. 4th DCA 1996); Garci......