McCloud v. State
McCloud v. State
Opinion
The appellant was convicted of possession of a controlled substance and was sentenced to three years' hard labor. On June 25, 1997, he was placed on three years' probation. On November 5, 1997, his probation officer issued a delinquency report, charging that the appellant had violated a condition of his probation by committing a new offense, i.e., harassment. After a hearing, the trial court revoked the appellant's probation.
At the revocation hearing, Officer Kenny Horne testified that he had received information that the appellant was selling crack cocaine in the area of Linden Street. He and Officer Brian Smith went to that location and saw the appellant and a companion. As the officers approached, the appellant saw them, put his hand to his mouth, and began to chew "frantically," according to Horne. Horne said that it is common practice for dealers to chew and swallow drugs so officers cannot recover them. He said that he got out of his vehicle and asked the appellant to open his mouth, and the appellant did so. Horne saw several pieces of a substance that he believed was crack cocaine. He tried to get the appellant to spit the substance out. A struggle ensued, during which the appellant was "pushing," Horne said, and during which he hit Horne in the chest with an elbow.
Based on the information he had received and the appellant's conduct, Officer Horne had a reasonable suspicion that the appellant was engaged in a criminal activity, and that he could briefly detain him for questioning. Terry v. Ohio,
"Upon hearing testimony court finds substantial evidence that [Defendant] has committed offense of harassment probation is revoked."
This order does not satisfy the "evidence" requirement of Rule 27.6(f) and Armstrong v. State,
REMANDED WITH INSTRUCTIONS.
Long, P.J., and Cobb, Brown, and Baschab, JJ., concur.
Reference
- Full Case Name
- James Robert McCloud v. State.
- Cited By
- 10 cases
- Status
- Published