Benford v. State
Benford v. State
Opinion of the Court
In February of 1983, appellant was sentenced to ten years probation after pleading guilty to a violation of the Georgia Controlled Substances Act. In April of 1983, the state filed a revocation petition alleging that appellant had violated the terms and conditions of his probation by attempting to commit a burglary. Following a hearing, the trial court issued an order revoking appellant’s probation. Appellant appeals.
1. Appellant alleges that there was no competent evidence to support an order revoking his probation.
The following evidence was adduced at the revocation hearing: A police officer testified that at approximately 9:00 p.m. on the date
Only slight evidence is necessary to support a judgment of probation revocation. Young v. State, 153 Ga. App. 454 (265 SE2d 362) (1980). The evidence in the instant case was sufficient to authorize the revocation of appellant’s probation.
2. Appellant further asserts that the revocation of his probation was erroneously based on misconduct which was not alleged in the petition. Appellant’s argument is not supported by the order of revocation, which sets forth the facts upon which the trial court based its decision. Although other acts of misconduct were, in fact, brought out at the hearing, no objection to this evidence was raised. There is no indication that the trial court, in making the decision to revoke appellant’s probation, relied upon any evidence other than that concerning the crime set forth in the petition. We find no error in this regard. Compare Radcliff v. State, 134 Ga. App. 244 (214 SE2d 179) (1975).
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.