Gibson v. State

Ruffin, Chief Judge.

Following a probation revocation hearing, the trial court revoked the remainder of Christopher Gibson’s probation, sentencing him to incarceration through October 2013. We granted Gibson’s application for discretionary appeal to consider whether the evidence presented at the revocation hearing supported revocation of over eight years of probation. As the trial court exceeded its authority in revoking the remainder of Gibson’s probation, we reverse.

Pursuant to OCGA § 42-8-34.1 (b), violations of probation must be proved “by a preponderance of the evidence.” If the probation…