Wink v. State

RODOWSKY, Judge.

The instant appeal is in a probation revocation case. In the trial court that kind of case “typically involves two distinct components: (1) a retrospective factual question whether the probationer has violated a condition of probation; and (2) a discretionary determination by the sentencing authority whether violation of a condition warrants revocation of probation.” Black v. Romano, 471 U.S. 606, 611, 105 S.Ct. 2254, 2257, 85 L.Ed.2d 636, 642 (1985). On the first issue the State has both the burden to come forward with evidence and the burden of persuasion. McDonald v. State,…