Sughrue v. State
Sughrue v. State
Opinion of the Court
Francis Sughrue appeals from his convictions for trafficking in cocaine in an amount over 400 grams, conspiracy to traf
Appellant has presented four points on appeal, none of which reveals reversible error except, possibly, his Point III, which suggests error in the determination that appellant had violated his probation.
Among other things, appellant contends that he did not know he was on probation at the time of the commission of the acts alleged to be violations of probation. The burden of proof was on the state to prove the probationary status which, no doubt through oversight, was not proven during the trial of the case, wherein the probation violation matters were considered by the trial court. We therefore feel compelled to reverse that aspect of the case.
Accordingly, we affirm the judgment of conviction and sentence in all respects, except as to the probation violations, and remand the cause to the trial court to further consider the charges against appellant having to do with a violation of probation and proceed thereafter according to law.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.