Cerny v. State

ALTENBERND, Judge,

Specially concurring.

I concur in the court’s opinion and write only to make three observations. First, although the case law often discusses abuse of discretion as an appropriate standard of review for orders revoking probation, that standard is appropriate only after the State has presented a prima facie case allowing the trial court to make a decision to revoke probation. The actual standard of review in this setting would *614seem to require this court to determine whether there was competent, substantial evidence presented at the evidentiary-hearing on the violation —…