State v. Cunningham

JOHNSON, Judge.

Defendant excepts to and assigns as error the trial court’s Findings of Fact Nos. 2, 3, 6, 8 and Conclusions of Law Nos. 1, 2 and 3. Defendant contends that these findings and conclusions are not supported by competent evidence and that the trial court’s order revoking his suspended sentence was based on insufficient evidence.

The trial judge may not exercise his discretionary authority to activate a suspended sentence unless the breach of a condition of probation is established by “substantial evidence of sufficient probative force to generate in the minds of reasonable men the…