Wroten v. State

Per Curiam. This is an appeal from the decision of the Circuit Court for Talbot County revoking a prior suspension of sentence and probation of appellant and placing in effect appellant’s original sentence of five years in the House of Correction. Appellant’s sole contention on this appeal is that the trial court abused its discretion in revoking appellant’s probation. A full evidentiary hearing on his violation of probation was held before Chief Judge J. DeWeese Carter and Associate Judge Harry E. Clark, at which appellant was represented by able court-appointed counsel.

At the time of the hearing, appellant was confined in the Talbot County Jail on a “live-in work-out” basis, under which appellant was to remain at the jail except during the hours of his employment. Other conditions of probation were to remain steadily employed, obey the law, not to imbibe alcoholic beverages, and to deliver his pay check to the Department of Parole and Probation for distribution by that Department, and such other conditions which the Department might prescribe. The testimony discloses, and it is conceded by the appellant, that he failed to report to work on six occasions when work was available for him in direct contravention of the terms of his probation. There was also testimony that the appellant had