People v. Gaston

Defendant pleaded guilty to three counts of possession of a controlled substance and was placed on probation for 5 years. Two months later defendant was arrested and charged with possession of a controlled substance, battery and resisting arrest. Subsequently the State petitioned for a rule to show cause why the probation should not be terminated. After a hearing, probation was terminated and the defendant sentenced to a term of 7 to 8 years. The defendant contends on appeal that: (1) his arrest was unlawful; (2) his guilt was not proven by a preponderance of the evidence; and (3) his…