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. StateOpinion
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.