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356 So. 2d 19

Mitchell v. State

District Court of Appeal of Florida

Decided February 14, 1978

District Court of Appeal of Florida · decided 1978-02-14

Relies on 351 So. 2d 1053 - Demchak v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1978-02-14

How this case has been cited

Cited by 8 later decisions — most recently May 1997

8 state decisions

50197819801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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ANSTEAD, Judge,

¶1dissenting:

¶2The appellant’s probation was revoked after he was charged with violating a condition of probation which prohibited him from operating a motor vehicle. When the appellant was placed on probation, his driver’s license was revoked and he was forbidden to drive. Subsequently, while his conviction was being appealed, he obtained a duplicate driver’s license and rented an automobile. He testified at the revocation hearing that he only obtained the duplicate license because it was required by the car rental agency and he did not drive the car himself but had others do so for him. During this time he was a patient in a private hospital. The only testimony about not driving the vehicle was a probation officer’s hearsay statement that a rental agency employee had told him that he observed the appellant driving. I do not believe that statement was sufficient to sustain a revocation of probation. Demchak v. State, 351 So.2d 1053 (Fla. 4th DCA 1977).

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