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Scott v. State

The defendant's mere presence in an area where drugs were found did not justify the revocation of his probation.

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In this discretionary appeal, Damon Scott challenges the revocation of his probation, contending that the evidence was insufficient to support the trial court’s finding that he committed the new felony of possessing a controlled substance1 piperazine or TFMPP2. For the reasons set forth below, we reverse the trial court’s order revoking Scott’s probation. “A court may not revoke any part of any probated or suspended sentence unless the evidence produced at the revocation hearing establishes by a preponderance of the evidence the violation or violations alleged.” OCGA § 42-8-34.1 b. “This court will not interfere with a revocation unless there has been a manifest abuse of discretion on the part of the trial court.” Punctuation omitted. Mullens v. State .3

Viewed in this light, the record shows that on May 13, 1997, Scott pled guilty to armed robbery and theft by receiving stolen property. As a result of that plea, he received a 20-year sentence, with ten years to be served in confinement and the remainder to be served on probation. On the night of June 26, 2009, Scott was a passenger in a truck that was owned and being driven by Chance Gaines, when a police officer stopped the truck for failure to maintain its lane. Upon seeing the blue lights of the officer’s vehicle, Gaines pulled over into the parking lot of a bar, which had been his and Scott’s intended destination. After conducting field sobriety tests on Gaines, the officer determined that he was not impaired. Nevertheless, because Gaines appeared nervous, the officer sought and received Gaines’s consent to search the truck.

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