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Jason Brandon Mervil v. State of Florida

Docket 4D2025-1386

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

Criminal AppealAffirmed
Filed
Jurisdiction
Florida
Court
District Court of Appeal of Florida
Type
Opinion
Case type
Criminal Appeal
Disposition
Affirmed
Docket
4D2025-1386

Appeal from probation revocation (circuit court) in two criminal cases from Palm Beach County.

Summary

The Fourth District Court of Appeal affirmed the trial court's revocation of Jason Brandon Mervil's probation. The court held that the evidence supporting revocation was sufficient because the hearsay presented at the probation revocation hearing was corroborated by non-hearsay evidence and an experienced officer's opinion on identification was permissible. The panel relied on prior Florida decisions establishing that hearsay may be used at revocation hearings only when supported by non-hearsay proof and that trained officers may opine about controlled substances. The judgment below is therefore affirmed.

Issues Decided

  • Whether hearsay evidence alone may support revocation of probation
  • Whether an experienced officer may opine on the identity of illegal drugs at a probation revocation hearing
  • Whether the hearsay at the revocation hearing was sufficiently corroborated by non-hearsay evidence

Court's Reasoning

The court applied established Florida precedent that hearsay is admissible in probation revocation hearings but cannot be the sole basis for revocation; it must be supported by non-hearsay evidence. The panel also relied on authority allowing a sufficiently experienced officer to give opinion testimony identifying crack cocaine. Because the hearsay was accompanied by non-hearsay corroboration and the officer's opinion was permissible, the evidence was adequate to uphold revocation.

Authorities Cited

  • Russel v. State982 So. 2d 642 (Fla. 2008)
  • Sinclair v. State995 So. 2d 552 (Fla. 3d DCA 2008), rev. denied, 8 So. 3d 358 (Fla. 2009)
  • R.C. v. State192 So. 3d 606 (Fla. 2d DCA 2016)

Parties

Appellant
Jason Brandon Mervil
Appellee
State of Florida
Attorney
Daniel Eisinger, Public Defender
Attorney
Ethan Goldberg, Assistant Public Defender
Attorney
James Uthmeier, Attorney General
Attorney
Briana Paige Reed, Assistant Attorney General
Judge
Howard Kelly Coates, Jr.
Judge
KUNTZ, C.J.
Judge
MAY, J.
Judge
FORST, J.

Key Dates

Decision date
2026-04-22

What You Should Do Next

  1. 1

    Consider filing a motion for rehearing

    If counsel believes there are grounds, file a timely motion for rehearing in the district court before the decision becomes final.

  2. 2

    Consult appellate counsel about further review

    Evaluate whether to seek discretionary review by the Florida Supreme Court based on conflict or important legal questions.

  3. 3

    Prepare for enforcement of revocation order

    If rehearing and further review are not pursued or are denied, take steps to comply with or challenge the trial court's sanctions through appropriate procedures.

Frequently Asked Questions

What did the court decide?
The appellate court affirmed the trial court's decision to revoke Mr. Mervil's probation.
Why was hearsay allowed at the hearing?
Florida law allows hearsay in probation revocation hearings but it cannot be the only evidence supporting revocation; it must be backed up by non-hearsay evidence.
Can police officers testify about identifying drugs?
Yes; the court confirmed that a sufficiently experienced officer may give an opinion identifying controlled substances, and that opinion can support revocation when corroborated.
What are the practical effects for Mr. Mervil?
Because the revocation was affirmed, any sanctions imposed by the trial court for probation violations remain in effect unless successfully challenged further.
Can this decision be reheard or appealed?
A timely motion for rehearing can be filed in the district court; further appeal to the Florida Supreme Court may be possible by discretionary review.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
                               FOURTH DISTRICT

                      JASON BRANDON MERVIL,
                             Appellant,

                                      v.

                          STATE OF FLORIDA,
                               Appellee.

                  Nos. 4D2025-1385 and 4D2025-1386

                               [April 22, 2026]

  Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm
Beach County; Howard Kelly Coates, Jr., Judge; L.T. Case Nos.
502022CF008157AXXXMB and 502022CF008194AXXXMB.

   Daniel Eisinger, Public Defender, and Ethan Goldberg, Assistant Public
Defender, West Palm Beach, for appellant.

   James Uthmeier, Attorney General, Tallahassee, and Briana Paige
Reed, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

   Affirmed. See Russel v. State, 982 So. 2d 642, 646 (Fla. 2008) (“It is
undisputed that hearsay evidence is admissible in a probation revocation
hearing to prove a violation of probation. However, the hearsay evidence
may not form the sole basis for revocation. The hearsay evidence must be
supported by non-hearsay evidence.” (citation omitted)); Sinclair v. State,
995 So. 2d 552, 555 (Fla. 3d DCA 2008) (“We hold that a sufficiently
experienced officer may opine regarding the identity of crack cocaine.”),
rev. denied, 8 So. 3d 358 (Fla. 2009); R.C. v. State, 192 So. 3d 606, 611
(Fla. 2d DCA 2016).

KUNTZ, C.J., MAY and FORST, JJ., concur.

                           *          *           *

   Not final until disposition of timely-filed motion for rehearing.