Legal Opinion

Melton v. State

District Court of Appeal of Florida

Decided June 23, 2011No. 1D11-399PublishedCited by 2 opinions

1Per curiam

The appellant, Dominic Melton, appeals the revocation of her probation based on violations of condition (1) for failure to report and condition (5) for possession of drugs. We affirm the trial court’s finding that Melton violated her probation for failure to report, but we conclude that the evidence presented to the trial court was insufficient to support a violation for possession of drugs, and we remand for the trial court to strike its finding regarding that violation and enter a corrected order.

The state has the burden of proving by the greater weight of the evidence that a probationer’s…

2Cases cited4 opinions

  1. Van Wagner v. StateDistrict Court of Appeal of Florida · 1996
  2. Richardson v. StateDistrict Court of Appeal of Florida · 1997
  3. Johnson v. StateDistrict Court of Appeal of Florida · 2007
  4. MARZENDORFER v. StateDistrict Court of Appeal of Florida · 2009

3Cited by2 opinions

  1. Rothe v. StateDistrict Court of Appeal of Florida · 2011
  2. Brian A. Hallman v. State of FloridaDistrict Court of Appeal of Florida · 2019

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