SEARCH

Milanovich v. State

Evidence that the defendant climbed through the hole in a fence surrounding a closed business and caused the construction manager enough alarm that he contacted police supported the revocation of his probation for a 1994 theft by receiving conviction.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

We granted Gregory Milanovich’s application for discretionary appeal in which he challenges the sufficiency of the evidence supporting the trial court’s revocation of his probation. Milanovich also argues that the trial court erred in failing to consider alternatives to incarceration. We affirm. 1. In determining whether a probationer has violated the terms of his probation, a trial court employs the “preponderance of the evidence” standard.1 On appeal, we will not interfere with a lower court’s revocation of probation absent manifest abuse of discretion.2

So viewed, the evidence shows that in the summer of 2005, Francisco Villarreal worked as a construction manager for Specialty Pools. The company was located off Holcomb Bridge Road, and the property was surrounded by a gated fence. On July 19, 2005, as Villarreal drove through the gate, he saw a bike with an open bike bag leaning against the back of the office building. Upon seeing the bike, Villarreal “went around the building to check and to make sure everything was closed.” Villarreal discovered that an abandoned van parked on the property had a door opened, and a backpack had been left on the seat of the van.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

New York Legal Awards 2024

September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.

Learn More

African Legal Awards 2024

September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.

Learn More

Consulting Best Firms to Work For 2024

September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.

Learn More

Marketing Coordinator / Business Development

JOB DESCRIPTION SUMMARY Pulsar Title Insurance Company Inc., a commercial and residential title insurance underwriter based in the Bato...

Apply Now ›

Juvenile Dependency Attorney II/III/IV

RECRUITMENT BONUS Newly hired employees from this recruitment may be eligible to receive bonus payments up to $3,000!* FLEXIBLE SCHEDULE: ...

Apply Now ›

Litigation Counsel - Multiple Offices

Morristown, NJ; New York, NY Description: Fox Rothschild has an opening in multiple offices for a Counsel in our Litigation Department. The ...

Apply Now ›

Lawyers of Distinction

06/27/2024
The American Lawyer

Professional Announcement

View Announcement ›

06/21/2024
Daily Business Review

Full Page Announcement

View Announcement ›