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Miller v. State

There is no absolute right to a state-provided transcript for use in a probation revocation hearing.

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Following the partial revocation of his probation, Terry Lynn Miller appeals, challenging the sufficiency of the evidence supporting the revocation and arguing that the trial court erred in failing to make a written statement setting forth the evidence upon which the revocation relied and in denying his motion for a State-provided transcript of the revocation hearing for use in his motion for new trial. For the reasons set forth below, we affirm. “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. “This court will not interfere with a revocation unless there has been a manifest abuse of discretion on the part of the trial court.” Punctuation omitted. Mullens v. State .1 Thus, “if admissible evidence is presented in support of the allegations regarding revocation of probation, this court will affirm.” Young v. State .2

Viewed in this light, the record shows that Miller pled guilty to possession of cocaine3 on June 15, 2006, and received a 15-year sentence to be served on probation. On November 17, 2008, the State filed a petition for revocation of Miller’s probation, alleging that Miller had violated conditions of his probation by testing positive for the use of cocaine. On December 9, 2008, the trial court held a probation-revocation hearing, after which it found that Miller had violated his probation by possessing and using cocaine. Consequently, the court revoked two years of Miller’s probated sentence and ordered him to serve those two years in confinement in the State penal system. However, the trial court further ruled that it would suspend the revocation of probation upon the condition that Miller successfully complete a substance abuse treatment program.

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