ROBERTSON V. STATE
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 CHARLES ROBERTSON, Appellant, ** ** vs. ** CASE NO. THE STATE OF FLORIDA, ** LOWER TRIBUNAL NO. Appellee. 3D00-3519 98-29479 ** Opinion filed November 21, 2001. An Appeal from the Circuit Court for Miami-Dade County, Ronald C. Dresnick, Judge. Bennett H. Brummer, Public Defender, Assistant Public Defender, for appellant. and Lisa Robert A. Butterworth, Attorney General, and Keaton, Assistant Attorney General, for appellee. Walsh, Kristine Before JORGENSON, SORONDO, and RAMIREZ, JJ. PER CURIAM. Affirmed. The appellant, Charles Robertson, was placed on probation on December 9, 1998. He was accused of committing an attempted burglary later that same day. We reject his challenge to the sufficiency of the evidence submitted at the hearing to revoke his probation. conviction is not Proof sufficient to allow a criminal required to support a trial judge s discretionary order revoking probation; the state need only show by a preponderance of the evidence that the defendant committed the offense charged. Amador v. State, 713 So. 2d 1121, 1122 (Fla. 3d DCA 1998). We also reject the appellant s complaint that the trial court relied on hearsay evidence. Hearsay evidence is admissible in violation of probation hearings and can sustain a violation when corroborated by direct evidence. State, 727 So. 2d 975 (Fla. 5th DCA 1999). See Morris v. Here, the prosecution presented the hearsay statements of the confidential informant which were corroborated by the direct observations of the police officers surveilling the scene of the attempted burglary. Thus, the evidence was sufficient to uphold the revocation of probation. 2
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