District Court of Appeal of Florida

An order revoking defendant's probation based on allegations that he battered his wife is reversed where the state failed to secure a ruling that the victim's hearsay statements were admitted under an exception to the hearsay rule, the statements did not qualify as excited utterances, and thus, the revocation was based solely on uncorroborated hearsay.

Appellate Information

• Decided 09/20/2006
• Published 09/20/2006

Judges

• STEVENSON, C.J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Carey Haughwout, Public Defender, and Michael Antinori, Assistant Public Defender, West Palm Beach, for appellant.


• For Appellees:
  
• Charles J. Crist, Jr., Attorney General, Tallahassee, and Thomas A. Palmer, Assistant Attorney General, West Palm Beach, for appellee.