White v. State

PHIPPS, Presiding Judge.

James David White was serving the probated portion of his sentence entered upon drug and firearm convictions when the trial court revoked his probation after concluding that he had committed new drug possession crimes. This court granted White’s application for discretionary review. Because White has shown that the state failed to prove that he was in possession of the contraband, and the evidence was therefore insufficient to justify the probation revocation, we reverse.

*582The burden is on the state to prove a violation of probation terms by a preponderance of the…