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Henley v. State

The evidence did not support revoking the defendant's probation for two felony counts of possessing a controlled substance.

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In this discretionary appeal, Joel Henley challenges an order revoking his probation based on new offenses. Henley contends that 1 the State failed to provide sufficient admissible evidence that he possessed a controlled substances or b drug-related objects, and 2 the trial court erroneously revoked more than two years of probation pursuant to OCGA § 42-8-34.1 c. For the reasons that follow, we reverse the judgment and remand the case for resentencing.

A court may revoke probation based on new violations if the evidence produced at the revocation hearing establishes by a preponderance of the evidence the violation or violations alleged. And this Court will not interfere with a revocation absent manifest abuse of discretion on the part of the trial court. Accordingly, if admissible evidence is presented in support of the allegations regarding revocation of probation, this Court will affirm.1

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