Florida District Courts of Appeal, 2000

Gloster v. State

Gloster v. State
Florida District Courts of Appeal · Decided May 24, 2000 · Cope, Schwartz, Shevin
758 So. 2d 744; 2000 Fla. App. LEXIS 6202; 2000 WL 668494 (Southern Reporter, Second Series)

Gloster v. State

Opinion of the Court

PER CURIAM.

We affirm the order of revocation of probation as there is sufficient evidence to establish that defendant was in constructive possession of a gun at the 61st Street address. See Amador v. State, 713 So.2d 1121 (Fla. 3d DCA 1998)(“Proof sufficient to allow a criminal conviction is not required to support a trial judge’s discretionary order revoking probation; the state need only show by a preponderance of the evidence that the defendant committed the offense charged.”). This result renders it unnecessary to reach the propriety of revoking defendant’s probation based on possession of the second gun at a different address.

Affirmed.

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