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Simpson v. State

Defendant's admissions to his probation officer that he had smoked marijuana were sufficient to support a finding that defendant violated the terms of his probation.

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Mitchell Simpson, Sr., appeals the revocation of his probation for failure to pay fines and possession of marijuana, contending that: 1 the evidence was insufficient to support the revocation and 2 the trial court failed to conduct a hearing to determine his ability to pay the fines in question before revoking probation. For the reasons set forth below, we affirm.

The record shows that, following a jury trial on March 29, 1986, Smith was convicted for the sale of cocaine1 and sentenced to twenty years, ten in confinement and ten on probation. As a special condition of his probation, Smith was required to pay a fine of $4,000 and certain other costs and surcharges. Prepayment of these charges was not a condition precedent to Smith’s release on probation. Smith was paroled on August 11, 1987; however, during this parole, Smith was indicted for two counts of possession of a firearm by a felon. Following a jury trial, Smith was convicted for both offenses. On the first count, he was sentenced to five years to run concurrently with his sentence for selling cocaine, and on the second count, he was sentenced to five years to run consecutively to the cocaine offense.

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