Public-domain · open source
OpenJurist

427 So. 2d 1082

Docket No. AL-70.

Evans v. State

Marshall Lee EVANS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1983-03-11

Relies on 410 So. 2d 916 - Cuciak v. State · 420 So. 2d 631 - Miller v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1983-03-11

How this case has been cited

Cited by 10 later decisions — most recently May 2008

10 state decisions

40198319902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Glenna Joyce Reeves, Asst. Public Defender, Tallahassee, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and Kathryn L. Sands, Asst. Atty. Gen., Jacksonville, for appellee.

¶3WIGGINTON, Judge.

¶4Evans appeals the order of the trial court revoking his probation. We affirm.

¶5On February 3, 1982, an affidavit of violation of probation was filed alleging that Evans had violated his probation by, inter alia, committing the offense of burglary on January 25, 1982. Evans argues that the evidence was legally insufficient to establish that he had actually committed the burglary. We disagree.

¶6All that is necessary to justify revocation of probation is sufficient evidence presented at the hearing to satisfy the conscience of the court that the probation was violated. Cuciak v. State,410 So.2d 916 (Fla. 1982). Evidence to support a criminal conviction is not necessary to sustain a probation revocation order; rather, the burden of proof is the greater weight of the evidence. Miller v. State,420 So.2d 631 (Fla. 2d DCA 1982). Here, the state clearly satisfied that burden. Therefore, the order of the trial court is AFFIRMED.

¶7ROBERT P. SMITH, C.J., and BOOTH, J., concur.

/427/so2d/1082 · .json · Public domain