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Gloster v. State

District Court of Appeal of Florida, Third District
May 24, 2000
758 So. 2d 744 (Fla. Dist. Ct. App. 2000)

Opinion

No. 3D99-2017.

Opinion filed May 24, 2000.

An appeal from the Circuit Court of Dade County, Richard V. Margolius, Judge, L.T. No. 98-3103.

Ivy R. Ginsberg, for appellant.

Robert A. Butterworth, Attorney General, and Regine Monestime, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and COPE and SHEVIN, JJ.


We affirm the order of revocation of probation as there is sufficient evidence to establish that defendant was in constructive possession of a gun at the 61st Street address. See Amador v. State, 713 So.2d 1121 (Fla. 3d DCA 1998) ("Proof sufficient to allow a criminal conviction is not required to support a trial judge's discretionary order revoking probation; the state need only show by a preponderance of the evidence that the defendant committed the offense charged."). This result renders it unnecessary to reach the propriety of revoking defendant's probation based on possession of the second gun at a different address.

Affirmed.


Summaries of

Gloster v. State

District Court of Appeal of Florida, Third District
May 24, 2000
758 So. 2d 744 (Fla. Dist. Ct. App. 2000)
Case details for

Gloster v. State

Case Details

Full title:ANTHONY GLOSTER, Appellant, v. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: May 24, 2000

Citations

758 So. 2d 744 (Fla. Dist. Ct. App. 2000)