Horn v. State, 82-779
| Decision Date | 29 June 1983 |
| Docket Number | No. 82-779,82-779 |
| Citation | 433 So.2d 670 |
| Parties | George Albert HORN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Daniel J. Blackman, Fort Lauderdale, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.
The Court revoked defendant's probation for violation of the terms thereof and defendant appeals the Court's ruling. The defendant maintains that since the state did not prosecute him for burglary due to insufficient evidence that his probation should not be revoked. Here the owner of jewelry testified that his jewelry was stolen, the same day defendant sold it to a jewelry store and gave a false explanation of where the jewelry was obtained. The defendant did admit that he sold the jewelry even though he denied being involved in the burglary.
The rule on revocation of probation is whether there was sufficient evidence to satisfy the Court's conscience that the conditions of probation were violated.
Here there is enough evidence to satisfy the Court. There is no requirement that a conviction is necessary on said evidence to support a revocation of probation. See Ordonez v. State, 408 So.2d 760 (Fla. 4th DCA 1982). The other points raised are without merit. We affirm the lower court's ruling.
To continue reading
Request your trial
-
Eldridge v. State, 87-1236
...offense may justify termination of probation or community control even though the person is acquitted of a criminal offense after trial. Horn, supra. (4) Whether or not the defendant is on probation or community control, the alleged commission of a subsequent criminal offense not resulting ......
-
Carter v. City of Stuart
... ... State, 69 Cal.2d 782, 73 Cal.Rptr. 240, 447 P.2d 352 (1968). Planning level functions under Johnson ... ...
-
Lopez v. State
...of community control need only be sufficient to satisfy the conscience of the court that the violation occurred. Horn v. State, 433 So.2d 670, 671 (Fla. 4th DCA 1983). The testimony was sufficient to support a conclusion that Appellant did not truthfully respond to the officer's inquiries. ......
-
Dewberry v. State, 88-589
...a violation occurred, see Bernhardt v. State, 288 So.2d 490 (Fla.1974); Lee v. State, 440 So.2d 612 (Fla.3d DCA 1983); Horn v. State, 433 So.2d 670 (Fla. 4th DCA 1983), and the sufficiency of the evidence supporting the court's finding has not been challenged on appeal. Consequently, the lo......