Gonzales v. THE STATE

ANDREWS, Presiding Judge.

Pursuant to our grant of his application for discretionary appeal, Jose D. Gonzales argues that the State failed to satisfy its evidentiary burden under OCGA § 42-8-34.1 (a) and, therefore, the trial court erred in determining that he had violated the terms and conditions of his probation by committing a new felony offense (theft by receiving stolen property). We agree and reverse.

Pursuant to OCGA § 42-8-34.1 (b), a court may revoke any part of any probated or suspended sentence if the defendant admits the violation as alleged or if the evidence produced at the…