Scott v. State

BLACKBURN, Senior Appellate Judge.

In this discretionary appeal, Damon Scott challenges the revocation of his probation, contending that the evidence was insufficient to support the trial court’s finding that he committed the new felony of possessing a controlled substance (piperazine or TFMPP 2 ). For the reasons set forth below, we reverse the trial court’s order revoking Scott’s probation.

“A court may not revoke any part of any probated or suspended sentence . . . unless the evidence produced at the revocation hearing establishes by a preponderance of the evidence the violation or…