Parker v. State

Adams, Judge.

We granted Ronald H. Parker’s application for discretionary review of an order revoking his probation based upon the commission of a new felony offense (burglary). Parker contends there was insufficient evidence to support the revocation. We agree and reverse.

OCGA § 42-8-34.1 (b) provides that “[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 evidence the violation or violations alleged.” And “ ‘[t]his court will…