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Blackburn v. State

District Court of Appeal of Florida, Third District
May 16, 1972
261 So. 2d 861 (Fla. Dist. Ct. App. 1972)

Opinion

No. 71-885.

May 16, 1972.

Appeal from the Criminal Court of Record for Dade County, Murray Goodman, J.

Phillip A. Hubbart, Public Defender, and Bennett H. Brummer, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., and David I. Gilbert, Legal Intern, for appellee.

Before PEARSON, CHARLES CARROLL and HAVERFIELD, JJ.


Appellant-defendant, Daniel Arthur Blackburn, seeks review of trial court's order of revocation of probation and entry of sentence.

Appellant contends that to deny him the opportunity to examine the report of the Probation and Parole Commission at the probation revocation hearing deprives him of the right to cross-examine and confront witnesses. A probation revocation hearing is an informal proceeding to satisfy the court that the terms of the suspended sentence have or have not been violated. McNeely v. State, Fla.App. 1966, 186 So.2d 520. The report given by the Probation and Parole Commission is for the confidential use and consideration by the court and is not a public document. Appellant's contention is without merit. Martino v. State, Fla.App. 1968, 215 So.2d 495. Morgan v. State, Fla.App. 1962, 142 So.2d 308.

The order revoking the probation and entering sentence is affirmed.

Affirmed.


Summaries of

Blackburn v. State

District Court of Appeal of Florida, Third District
May 16, 1972
261 So. 2d 861 (Fla. Dist. Ct. App. 1972)
Case details for

Blackburn v. State

Case Details

Full title:DANIEL ARTHUR BLACKBURN, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: May 16, 1972

Citations

261 So. 2d 861 (Fla. Dist. Ct. App. 1972)

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