Gloster v. State

District Court of Appeal of Florida

Gloster v. State

758 So. 2d 744, 2000 Fla. App. LEXIS 6202, 2000 WL 668494

District Court of Appeal of Florida·Decided May 24, 2000·No. No. 3D99-2017·Published

Opinion

PER CURIAM.

We affirm the order of revocation of probation as there is sufficient evidence to establish that defendant was in constructive possession of a gun at the 61st Street address. See Amador v. State, 713 So.2d 1121 (Fla. 3d DCA 1998)(“Proof sufficient to allow a criminal conviction is not required to support a trial judge’s discretionary order revoking probation; the state need only show by a preponderance of the evidence that the defendant committed the offense charged.”). This result renders it unnecessary to reach the propriety of revoking defendant’s probation based on possession of the second gun at a different address.

Affirmed.

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PER CURIAM.

We affirm the order of revocation of probation as there is sufficient evidence to establish that defendant was in constructive possession of a gun at the 61st Street address. See Amador v. State, 713 So.2d 1121 (Fla. 3d DCA 1998)(“Proof sufficient to allow a criminal conviction is not required to support a trial judge’s discretionary order revoking probation; the state need only show by a preponderance of the evidence that the defendant committed the offense charged.”). This result renders it unnecessary to reach the propriety of revoking defendant’s probation based on possession of the second gun at a different address.

Affirmed.

Gloster v. State, 758 So. 2d 744, 2000 Fla. App. LEXIS 6202, 2000 WL 668494 (Fla. Ct. App. 2000).

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Opinion

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