5D01-45 Isom v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D01-45

Case Date: 02/04/2002

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2002

DAVID ISOM, Appellant, v. STATE OF FLORIDA, Appellee. ___________________________/ Opinion filed February 8, 2002 Appeal from the Circuit Court for Brevard County, Jere E. Lober, Judge. James B. Gibson, Public Defender, and Dee Ball, Assistant Public Defender, Daytona Beach, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee. THOMPSON, C.J. David Isom appeals after the revocation of his probation. Isom pleaded guilty to sexual battery on a physically helpless person, interfering with custody, and lewd and lascivious act on a child, and was sentenced to 10 years of probation. An affidavit of probation violation was filed, but the court dismissed it, later stating that it had given Isom a break. The current allegations were that Isom violated probation by having CASE NO. 5D01-45

unsupervised contact with minors, lying to his probation officer, and failing to comply with his probation officer's instructions to take a lie detector test and complete a rehabilitation program. He was also alleged to have violated the law by failing to register with the Department of Motor Vehicles within 48 hours of changing residence and by driving without a valid driver's license. Isom contends that the court should have rejected as hearsay the probation officer's testimony that, when questioned by the probation officer, Isom denied having used an alias when he signed in as a visitor at a middle school. Hearsay is "a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted."

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