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State v. Lawson

9/19/2001

33, 735 (Tenn. Crim. App. 1991). A trial court's decision to revoke probation will be upheld on appeal unless there has been an abuse of discretion. State v. Williamson, 619 S.W.2d 145, 146 (Tenn. Crim. App. 1981). To find an abuse of discretion in a probation revocation case, an appellate court must conclude that the record is void of any substantial evidence that would support the trial court's decision that a violation of the conditions of probation occurred. State v. Grear, 568 S.W.2d 285, 286 (Tenn. 1978); State v. Delp, 614 S.W.2d 395, 398 (Tenn. Crim. App. 1980). Proof of a probation violation is sufficient if it allows the trial court to make a conscientious and intelligent judgment. State v. Milton, 673 S.W.2d 555, 557 (Tenn. Crim. App. 1984).


The Defendant has failed to establish that the trial court abused its discretion by revoking her probation and by ordering her to serve the remainder of her sentence in confinement. The record contains ample evidence supporting the trial court's decision that a violation of probation occurred in this case. Based upon our review of the record, the trial court acted well within its discretion in revoking the Defendant's probation.


Accordingly, the judgment of the trial court is AFFIRMED.




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