Zavier Permenter v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2014 ZAVIER PERMENTER, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D12-2948 [June 25, 2014] Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Barbara McCarthy, Judge; L.T. Case No. 10009886CF10A. Carey Haughwout, Public Defender, and Dea Abramschmitt, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Mark J. Hamel, Assistant Attorney General, West Palm Beach, for appellee. MAY, J. The defendant appeals an order revoking his probation and imposing a 48.5-month prison sentence. He argues the trial court violated his Fourteenth Amendment due process right to confront witnesses against him by relying on statements of the victim and a witness, who did not testify at the violation hearing. We disagree. Having reviewed the record, we find sufficient non-hearsay evidence to support the trial court s revocation of his probation. We therefore affirm. Affirmed. DAMOORGIAN, C.J., and WARNER, J., concur. * * * Not final until disposition of timely filed motion for rehearing.

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