State v. Durant

Opinion

MCDONALD, J.

The defendant, Jerry Durant, appeals from the judgment revoking his probation and reinstating the six year unexecuted portion of his previous conviction from 1995. On appeal, the defendant claims *221that the trial court improperly (1) found that he had violated the terms and conditions of his probation, although he was acquitted of the criminal charges underlying the revocation action, (2) exercised its discretion by reinstating his original sentence and ordering his incarceration, and (3) acted as the fact finder in the probation revocation proceeding after it had…