Robinson v. State, 92-1605
| Decision Date | 24 November 1992 |
| Docket Number | No. 92-1605,92-1605 |
| Citation | 609 So.2d 89 |
| Parties | 17 Fla. L. Week. D2658 Kevin Tony ROBINSON, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., and Gypsy Bailey, Asst. Atty. Gen., Tallahassee, for appellee.
Kevin Tony Robinson has appealed from an order of the trial court revoking his community control. We affirm the revocation, but reverse the order and remand for entry of a written revocation order reciting the specific violations found by the trial court.
In March 1991, following his guilty plea to possession of cocaine, the trial court placed Robinson on 12 months' community control, condition (5) of which was that he "live and remain at liberty without violating any law." In February 1992, an affidavit of violation of community control was filed based on the execution of a search warrant at Robinson's residence which revealed marijuana cigarettes in plain view, and a vial of prescription medication not in Robinson's name.
At the subsequent hearing, a police officer testified to the fruits of the search, and stated, without objection, that the "pills" in the vial had tested as cocaine. He also related Robinson's post-Miranda statement that he often sold the "pills" when he needed extra money. A second officer corroborated this testimony and, through him, the state introduced a lab report indicating that the "pills" were cocaine. Based on this evidence, the trial court orally found Robinson in violation of his community control, revoked community control, and sentenced Robinson to 3 1/2 years. The written revocation order did not recite the specific violations found by the court.
Robinson argues that arrest alone is insufficient to support a revocation of community control, Rock v. State, 584 So.2d 1110 (Fla. 1st DCA 1991), and that the state failed to prove a violation by competent evidence. Specifically, Robinson alleges that the only evidence of the nature of the "pills" discovered in the search was the hearsay lab report, and points out that revocation cannot be based solely on hearsay, Whisler v. State, 569 So.2d 934 (Fla. 1st DCA 1990).
Proof sufficient to support a criminal conviction is not required to support a judge's discretionary order revoking community control. The state need only show by a preponderance of the evidence that the defendant committed the...
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