Heyward v. State
Heyward v. State
Opinion
The appellant, William Heyward, pleaded guilty to possession of cocaine in July 1989. He was placed on two years' probation and was fined $500. The instant appeal is a result of the revocation of his probation.
Testimony at the revocation hearing revealed that the police had information that the appellant was selling contraband. The appellant was put under surveillance and was seen dropping a small black object from his hand. Upon further inspection, the police identified the contents of the container as marijuana and cocaine. Appellant's probation officer testified that one of the terms of his probation was that he not violate any laws of the state.
The appellant argues that there was insufficient evidence to revoke his probation. We do not agree. In a revocation hearing, "the State is not bound to a standard of proof of reasonable doubt or the preponderance of the evidence." Powell v. State,
Appellant also argues that the trial judge did not comply with Armstrong v. State,
Thus, on the authority of Morrissey, Gagnon, and Grimes, this case is remanded to the Circuit Court for Henry County *Page 1353 so that that court may make written findings of fact as to why the appellant's probation was revoked. A copy of the court's findings shall be filed with this court within 90 days.
REMANDED WITH DIRECTIONS.
All the Judges concur.
Reference
- Full Case Name
- William Heyward v. State.
- Cited By
- 7 cases
- Status
- Published