Veats v. State

Evidence that the defendant had knowing possession of a sexually explicit video and he united with a family with a child under 18 supported his probation revocation.

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This Court granted Matthew Veats’ application for discretionary appeal of the trial court’s order revoking his probation for violating two special conditions of probation following his conviction for child molestation in 1993. Veats now appeals, arguing that the trial court erred in revoking his probation based on his relationship with his girlfriend who has a minor child, his possession of a video entitled “Tromeo and Juliette,” and its findings that Veats’ conduct violated conditions of his probation. Veats also argues that the trial court erred in ordering him to sign a new sex offender contract despite the fact that there was insufficient evidence to support a probation violation finding. Concluding that the evidence was sufficient to support a violation of sex offender special conditions #3 and #10,1 we affirm. “This court will not interfere with a revocation unless there has been a manifest abuse of discretion on the part of the trial court.” Citations and punctuation omitted. Gonzales v . State , 276 Ga. App. 11 622 SE2d 401 2005.

The record shows that in 2003, Veats pled guilty to one count of child molestation and was sentenced to three years to serve followed by seventeen years on probation and was ordered to comply with a sex offender contract. In May 2008, the State filed its petition to revoke Veats’ probation for violations of certain sex offender special conditions. Specifically, the petition alleged that Veats violated sex offender special condition #3 “Special Condition #3″ in that “the defendant was found to be living in a residence with a four year old female child, on or about April 30, 2008 in Laurens County” and sex offender special condition #10 “Special Condition #10″ in that “the defendant was in possession of a pornographic video entitled ‘Tromeo and Juliette’ on or about April 30, 2008 in Laurens County.”

Veats v. State

Evidence that the defendant had knowing possession of a sexually explicit video and he united with a family with a child under 18 supported his probation revocation.

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