From Casetext: Smarter Legal Research

Brown v. State

District Court of Appeal of Florida, Fifth District
Sep 13, 1984
455 So. 2d 635 (Fla. Dist. Ct. App. 1984)

Summary

holding that when the trial court has found a violation of probation by the greater weight of the evidence, “the decision as to whether or not to revoke the [defendant's] probation is within the discretion of the trial judge” (citing Harris v. State, 453 So.2d 228 (Fla. 5th DCA 1984))

Summary of this case from Knight v. State

Opinion

No. 83-1363.

September 13, 1984.

Appeal from the Circuit Court, Brevard County, Tom Waddell, Jr., J.

James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Mark C. Menser, Asst. Atty. Gen., Daytona Beach, for appellee.


When the greater weight of the evidence supports a trial judge's finding that a probationer has violated a condition of probation, the decision as to whether or not to revoke the probation is within the discretion of the trial judge. See Harris v. State, 453 So.2d 228 (Fla. 5th DCA 1984).

See Singletary v. State, 290 So.2d 116 (Fla. 4th DCA 1974).

AFFIRMED.

FRANK D. UPCHURCH, Jr., SHARP and COWART, JJ., concur.


Summaries of

Brown v. State

District Court of Appeal of Florida, Fifth District
Sep 13, 1984
455 So. 2d 635 (Fla. Dist. Ct. App. 1984)

holding that when the trial court has found a violation of probation by the greater weight of the evidence, “the decision as to whether or not to revoke the [defendant's] probation is within the discretion of the trial judge” (citing Harris v. State, 453 So.2d 228 (Fla. 5th DCA 1984))

Summary of this case from Knight v. State
Case details for

Brown v. State

Case Details

Full title:JOHNNY L. BROWN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Sep 13, 1984

Citations

455 So. 2d 635 (Fla. Dist. Ct. App. 1984)

Citing Cases

State v. Casner

State v. Meeks, 789 So.2d 982, 986 (Fla. 2001). Upon finding a violation of community control, the court may…

Savage v. State

Step Two Upon finding a violation of probation or community control, the court decides whether to revoke,…