Dalton Ray Miller v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledApril 23, 2021
Docket1D20-0768
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D20-768
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DALTON RAY MILLER,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Escambia County.
Gary L. Bergosh, Judge.
April 23, 2021
PER CURIAM.
Dalton Ray Miller appeals his judgment and sentence
imposed after the trial court revoked his probation. Miller
admitted to four counts of violating his probation. But he denied
that he violated probation based on two new criminal charges. The
trial court accepted Miller’s plea to the four admitted counts. And
after a hearing, the trial court found that Miller violated probation
as to both of the new law offenses.
Miller argues that the trial court abused its discretion in
revoking his probation, asserting that the State did not meet its
burden to prove that Miller violated probation by committing the
two new law offenses. We disagree and find no error by the trial
court. The State met its burden to prove that Miller violated his
probation by committing the two new law offenses through
evidence consisting of both hearsay and non-hearsay evidence. See
Russell v. State, 982 So. 2d 642, 648 (Fla. 2008) (upholding
revocation of probation because along with the victim’s hearsay
statement, the trial court also considered non-hearsay evidence,
including direct testimony of an observation of the victim’s injury);
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.”).
AFFIRMED.
ROWE, M.K. THOMAS, and NORDBY, 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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Jessica J. Yeary, Public Defender, and Lori A. Willner, Assistant
Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, and Jovona I. Parker, Assistant
Attorney General, Tallahassee, for Appellee.
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