concluding that the trial court erred by overruling appellant’s exception to the motion to revoke when appellant raised the issue to the trial court before proceedings began by filing a written notice to set aside the motion to revoke and argued the motion before the revocation proceedings began
How later courts described this case
- concluding that the trial court erred by overruling appellant’s exception to the motion to revoke when appellant raised the issue to the trial court before proceedings began by filing a written notice to set aside the motion to revoke and argued the motion before the revocation proceedings began
- “[A]bsent a showing of a probationer’s ability to make the restitution payments, and that his failure was intentional, it is an abuse of discretion for a court to revoke probation on this failure to make payments.”
Written by the judges who cited it.
The opinion
DOUGLAS, Judge,
dissenting.
The judgment should be affirmed because the trial judge did not abuse his discretion in revoking probation. The evidence was sufficient to show that appellant changed his residence without permission. Under the majority opinion, all a probationer has to do to defeat revocation on the ground of changing his residence without permission is to testify that he did not intend to change it permanently.
*808 Further, the ground that he took two checks without the consent of his mother and cashed them was sufficient for the judge to revoke probation.
ODOM, J., joins in this dissent.