Wearen v. State, 90-154
| Decision Date | 04 December 1990 |
| Docket Number | No. 90-154,90-154 |
| Citation | 570 So.2d 1081 |
| Parties | 15 Fla. L. Weekly D2932 Ronald Leon WEAREN, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender, and John H. Lipinski, Sp. Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Avi J. Litwin, Asst. Atty. Gen., for appellee.
Before BARKDULL, HUBBART and FERGUSON, JJ.
The trial court revoked the appellant's probation on the basis that he was in possession of cocaine, possession of a firearm, and committed a strong-arm robbery. Other than the violation for possession of a firearm, the violation was based only on hearsay testimony, and this was not sufficient. Davis v. State, 510 So.2d 1247 (Fla. 1st DCA 1987); Wallace v. State, 440 So.2d 58 (Fla. 4th DCA 1983); Combs v. State, 351 So.2d 1103 (Fla. 4th DCA 1977). However, one of the grounds for violation being properly established, we affirm the order revoking probation. Casana v. State, 546 So.2d 794 (Fla. 3d DCA 1989); Underwood v. State, 455 So.2d 1133 (Fla. 2d DCA 1984); Gadson v. State, 368 So.2d 429 (Fla. 2d DCA 1979); Coxon v. State, 365 So.2d 1067 (Fla. 2d DCA 1979).
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Wilson v. State, 95-2802
...Before JORGENSON, GERSTEN and GREEN, JJ. PER CURIAM. Affirmed. See Porras v. State, 651 So.2d 183 (Fla. 3d DCA 1995); Wearen v. State, 570 So.2d 1081 (Fla. 3d DCA 1990); Lavazzoli v. State, 408 So.2d 583 (Fla. 3d DCA 1981), approved by 434 So.2d 321 ...
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Argote v. State, 90-1511
...Before HUBBART, BASKIN and GODERICH, JJ. PER CURIAM. We affirm the order of revocation of community control. See Wearen v. State, 570 So.2d 1081 (Fla.3d DCA 1990). The trial court erred, however, in imposing sentences in excess of the statutory maximum for burglary of an automobile, § 810.0......