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667 So. 2d 475

Docket No. 95-1784.

Johnson v. State

Chanarrow JOHNSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided January 31, 1996.

District Court of Appeal of Florida · decided 1996-01-31

Relies on 419 So. 2d 1194 - Thomas v. Ratiner · 642 So. 2d 667 - Corona v. State · 408 So. 2d 760 - Ordonez v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1996-01-31

How this case has been cited

Cited by 7 later decisions — most recently July 2014

7 state decisions

30199620002010decided

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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¶1Bennett H. Brummer, Public Defender, for appellant.

¶2Robert A. Butterworth, Attorney General, for appellee.

¶3Before BARKDULL, NESBITT and GODERICH, JJ.

¶4PER CURIAM.

¶5The defendant appeals from an order finding him guilty of a probation violation and sentencing him on the original substantive counts of burglary and grand theft for a period of six years in a youthful offender facility but allowing him credit for 513 days of time spent in detention. The claim now is that the determination of probation violation was based totally upon hearsay evidence.

¶6There were three violations of the conditions of probation in the instant controversy. We agree with the defendant that there was only hearsay evidence to support the claim that defendant changed his residence without permission and consequently we strike that as a basis for revocation. We agree with the state, however, that there was non-hearsay evidence of defendant's willful and substantial failure to report to his probation officer and defendant's failure to attend G.E.D. classes. Here, the failure of the defendant to have attended G.E.D. classes, standing alone, was sufficient to have imposed revocation of probation. Ordonez v. State,408 So.2d 760 (Fla. 4th DCA), review denied,419 So.2d 1200 (Fla. 1982). Clearly, that coupled with his failure to report to his probation officer constitutes sufficient evidence to satisfy the trial court's conclusion that the defendant violated his probation. Corona v. State,642 So.2d 667 (Fla. 3d DCA 1994).

¶7Consequently, the one violation as to which there was insufficient evidence is stricken. In all other respects, the order is affirmed.

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