Tomas F. Pina v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED TOMAS F. PINA, Appellant, v. Case No. 5D15-928 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed July 1, 2016 Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge. James S. Purdy, Public Defender, and Robert J. Pearce III, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee. ON CONCESSION OF ERROR PER CURIAM. The State properly concedes that the trial court erred by relying solely on hearsay evidence to revoke Appellant's probation. See Crume v. State, 703 So. 2d 1216, 1217 (Fla. 5th DCA 1997). Accordingly, we reverse the trial court's order revoking Appellant's probation and remand with instructions to reinstate his probation. REVERSED and REMANDED with Instructions. LAWSON, C.J., ORFINGER and WALLIS, JJ., concur. 2

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