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Dillard v. State

The Court could not ascertain the true basis for the revocation of the defendant's probation given the discrepancies among the allegations in the petition, the trial court's oral announcement of its decision, the parties' understanding of the trial court's ruling, and the written judgments.

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After a hearing, the Superior Court of Murray County revoked portions of the probated sentences Joseph Dillard received on two separate burglary convictions.1 Pursuant to a granted application for discretionary appeal, Dillard appeals, contending that the trial court erred in admitting into evidence photographs from a Facebook profile that appeared to show him holding a shotgun and that the evidence was insufficient to revoke his probation. For the reasons that follow, we remand.

“A court may not revoke any part of any probated or suspended sentence unless the defendant admits the violation as alleged or unless the evidence produced at the revocation hearing establishes by a preponderance of the evidence the violation or violations alleged.” OCGA § 42-8-34.1 b. Generally, “this court will not interfere with a revocation unless there has been a manifest abuse of discretion on the part of the trial court.” Citation omitted. Gray v. State, 313 Ga. App. 470, 471 722 SE2d 98 2011. However, we review questions of law de novo. White v. State, 274 Ga. App. 805 619 SE2d 333 2005.

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