Florida District Courts of Appeal, 1984

Brown v. State

Brown v. State
Florida District Courts of Appeal · Decided September 13, 1984 · Per Curiam
455 So. 2d 635 (Southern Reporter, Second Series)

Brown v. State

Opinion

455 So.2d 635 (1984)

Johnny L. BROWN, Appellant,
v.
STATE of Florida, Appellee.

No. 83-1363.

District Court of Appeal of Florida, Fifth District.

September 13, 1984.

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.

PER CURIAM.

When the greater weight of the evidence[1] supports a trial judge's finding that *636 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).

AFFIRMED.

FRANK D. UPCHURCH, Jr., SHARP and COWART, JJ., concur.

NOTES

[1] See Singletary v. State, 290 So.2d 116 (Fla. 4th DCA 1974).

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