Travion McKnight v. the State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledAugust 12, 2020
Docket3D19-2287
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed August 12, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-2287
Lower Tribunal Nos. 17-10849 and 17-10851B
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Travion McKnight,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Charles K.
Johnson, Judge.
Carlos J. Martinez, Public Defender, and Stephen J. Weinbaum, Assistant
Public Defender, for appellant.
Ashley Moody, Attorney General, and Kseniya Smychkouskaya, Assistant
Attorney General, for appellee.
Before EMAS, C.J., and SCALES and GORDO, JJ.
PER CURIAM.
Affirmed. See Adams v. State, 946 So. 2d 583 (Fla. 4th DCA 2006) (holding
that the State must prove a deliberate and willful violation of probation by the greater
weight of the evidence, and an appellate court should not reverse a revocation of
probation unless it is shown that the trial court abused its discretion). See also State
v. Queior, 191 So. 3d 388, 392 (Fla. 2016) (observing: “A probation officer
‘testifying at hearing, subject to cross-examination, to what [he or] she
personally did and observed . . . is classic non-hearsay testimony.’”) (internal
citation omitted); A.J.D. v. State, 842 So. 2d 297 (Fla. 3d DCA 2003) (observing
that hearsay is admissible in revocation proceedings, but hearsay cannot serve as the
sole basis for revocation); Hall v. State, 744 So. 2d 517, 520-21 (Fla. 3d DCA 1999)
(reaffirming that “probation can be revoked on the basis of hearsay if that hearsay is
corroborated by other non-hearsay evidence”); Thomas v. State, 711 So. 2d 96 (Fla.
4th DCA 1998) (holding that non-hearsay evidence includes out-of-court statements
made by the defendant which, though technically hearsay, would be admissible at
trial as an exception to the hearsay rule).
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