FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Nos. 1D18-4070
1D18-4071
1D18-4072
1D18-4073
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BRIAN A. HALLMAN,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
_____________________________
On appeal from the Circuit Court for Madison County.
Andrew J. Decker, III, Judge.
July 23, 2019
PER CURIAM.
Appellant, Brian A. Hallman, appeals four revocation orders
in which the trial court found that he violated probation by
committing the new law offense of dealing in stolen property. ∗
Appellant argues, and the State concedes, that the revocation was
improperly based solely on hearsay evidence. Because we agree
with Appellant and accept the State’s concession, we reverse
∗
We have consolidated Appellant’s four appeals for purposes
of this opinion.
Appellant’s revocation and remand with instructions that his
probation be reinstated. See Melton v. State, 65 So. 3d 96, 97 (Fla.
1st DCA 2011) (“While hearsay is admissible at a probation
revocation hearing, a revocation of probation may not be based
solely upon hearsay evidence, and where the state seeks to revoke
probation based on a violation . . . by the commission of a new
offense, it is required to present direct, non-hearsay evidence
linking the defendant to the commission of the offense.”); see also
Johnson v. State, 962 So. 2d 394, 397-98 (Fla. 2d DCA 2007)
(reversing a revocation order where the only evidence linking the
appellant to the stolen items was hearsay); J.F. v. State, 889 So.
2d 130, 131 (Fla. 4th DCA 2004) (reversing the revocation order
where the only proof of possession of the stolen property by the
appellant was based upon hearsay).
REVERSED and REMANDED with directions.
LEWIS, MAKAR, and BILBREY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Lucas J. Taylor of Sellers, Taylor & Morrison, P.A., Live Oak, for
Appellant.
Ashley Moody, Attorney General, and Quentin Humphrey,
Assistant Attorney General, Tallahassee, for Appellee.
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