District Court of Appeal of Florida

An order revoking probation, based on violations for committing burglary of a dwelling and possession of marijuana, is affirmed where an officer was present when marijuana was discovered during a search incident to arrest of defendant, his testimony was therefore not hearsay as to the discovery of the drugs, and thus, the record disclosed sufficient evidence that defendant violated his probation by possessing marijuana.

Appellate Information

• Decided 12/13/2006
• Published 12/13/2006

Judges

• WARNER, J.

Court

• District Court of Appeal of Florida

Counsel

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


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