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196 So. 3d 1288

Dawson v. State

District Court of Appeal of Florida

Decided August 16, 2016

District Court of Appeal of Florida · decided 2016-08-16

Relies on 157 So. 3d 370 - Queior v. State · 191 So. 3d 388 - State of Florida v. Kyle R. Queior · 177 So. 3d 658 - Joey Dawson v. State of Florida

Decided 2016-08-16

¶1ON REMAND FROM THE FLORIDA SUPREME COURT

PER CURIAM.'

¶2Our original opinion in these cases reversed the trial court’s orders revoking appellant’s probation based on our finding that an officer’s testimony concerning the results of a drug test that she performed in her office was hearsay. See Dawson v. State, 177 So.3d 658 (Fla. 1st DCA 2015). We noted our opinion was consistent with Queior v. State, 157 So.3d 370 (Fla. 2d DCA 2015) (Quieor I). In State v. Queior, 191 So.3d 388 (Fla.2016) (Queior II), the Florida Supreme Court quashed Que-ior I, and also quashed our opinion in this case and remanded for reconsideration in light of Queior II.

¶3Based on Queior II, we find the officer’s testimony concerning the results of the drug test was not hearsay. As such, we affirm appellant’s judgments and sentences.

¶4AFFIRMED.

WOLF, WETHERELL, and BILBREY, JJ., concur.
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