The opinion
BRETT, Judge
(dissenting):
I must respectfully dissent. The majority opinion recites: “We are of the opinion that the parole officer’s conclusion that the defendant left the State, although based upon hearsay testimony is admissible in a revocation hearing.” 22 O.S.Supp.1969, § 991b, provides in part:
“. . . the suspended sentence of said person may not be revoked for any cause unless competent evidence justifying the revocation of said suspended sentence is presented.” . (Emphasis added.)
It was my understanding that pure hearsay testimony is not “competent evidence.” A reading of the record before this Court reveals that the court permitted hearsay testimony on behalf of the state, but refused to admit even a semblance of such testimony on behalf of the defendant. The record does not state how many sisters defendant has, so it must be presumed that he has only one sister. The parole officer testified that he went to the defendant’s home; he was unable to find him [the defendant] there; and he said that the defendant’s sister told him defendant had gone to California. On cross-examination Janice Lynn Bailey was asked by the prosecutor, “Janice, do you know whether or not your brother went to California?” She answered, “I don’t know.” (Tr. 77). This answer carried no significance to the Judge conducting the revocation hearing, notwithstanding the fact that the parole officer’s statement was pure hearsay.
Gary Powell Bailey was a sixteen-year old boy with an eighth grade education, when he was placed on his suspended sentence on April 23, 1970. On February 2, 1971, the assistant district attorney for Adair County filed a Motion to Revoke Suspended Sentence on the following grounds:
“That the defendant has failed to comply with the rules and regulations of the Department of Corrections in that he has failed to work; failed to make monthly reports; has removed himself from the State of Oklahoma without contacting his probation officer; that he has failed to make restitution in this matter and pay the costs.”
Throughout this record it is obvious that the parole officer considered this young *1254 man to have the mental capacity of an adult, which is erroneous to say the least. The parole officer could show little supervision of this defendant; and his testimony is not, as I view this record — sufficient to revoke the suspended sentence.
It may be that the young man’s sentence should be revoked, but not in the manner reflected by the record before this Court. It was for the very reason reflected in this record that the Legislature provided legislation requiring “competent evidence” to be shown. This record falls far short of being competent. Therefore, I must dissent to this decision.