OPINION
Appellant’s suspended sentence was revoked after a full hearing. The issues on this appeal as of right are: (1) whether the evidence supports the revocation; (2) whether the trial court erred by admitting hearsay testimony against the appellant; and (3) whether the trial court was neutral and detached.
The appellant is a young woman with a small child. She pled guilty on January 15, 1982, to receiving stolen property in excess of two hundred dollars. She was sentenced to serve not less than nor more than three years but was placed on probation. Appellant was subsequently arrested twice for shoplifting offenses on August 16, 1982, and December 14, 1982.
The evidence introduced in the hearing sub judice reflects that an officer answered a call to the Winn Dixie Store in Oak Ridge on September 3, 1983. The officer testified that when he entered the store he observed a heated argument between the appellant and an elderly lady, Mrs. Edith McCord. Mrs. McCord was accusing the appellant of stealing her purse containing seventy-three dollars. Appellant was denying the theft. The officer took appellant outside and placed her in the back seat of his patrol car, then returned to the store and questioned Mrs. McCord. The victim told the officer that she was in ill health and did not want to prosecute the appellant if she could get her money back. The officer relayed this information to the appellant, who agreed to pay the money if she could be on her way. The appellant returned to the store and gave Mrs. McCord seventy-three dollars in cash. The appellant maintained that the money was part of the proceeds of a welfare check she received on the first of the month.
A probation officer testified that appellant was twice charged with shoplifting while on probation. Appellant did not report the incident with Mrs. McCord to the probation officer. Appellant was employed at Volunteer Motors but was not paying restitution as required under the terms of her probation.
The appellant testified and denied that she stole the money from Mrs. McCord, relating that she was in the store with a friend to buy items for a barbeque and was unjustly accused. She gave Mrs. McCord seventy-three dollars because she did not want any trouble.
A friend of appellant testified that she went with appellant to the store to buy items for a barbeque and did not see appel *557 lant take Mrs. McCord’s purse. There were discrepancies between her testimony and the appellant’s testimony as to whether they bought any items in the store and whether they had the barbeque that night.
The evidence is sufficient to sustain the revocation of the suspended sentence. The proof of a violation of the terms of probation need not be beyond a reasonable doubt but is sufficient if it allows the trial court to make a conscientious and intelligent judgment.
Roberts v. State,
The second issue: The investigating officer was allowed to testify over objection that Mrs. McCord accused the appellant of stealing her purse. Appellant complains that this was hearsay and violated her right to confrontation and cross-examination. The evidence reflects that Mrs. McCord’s purse was stolen and as a result she became involved in a heated argument with the appellant. The officer arrived in the midst of that argument. Under these circumstances, Mrs. McCord’s accusations were admissible as excited utterances.
See State v. Meadows,
Appellant also urges that the allowance of the officer’s testimony regarding the victim’s statement violated her right to confrontation. A probation revocation proceeding is not part of a criminal prosecution, and thus the appellant is not entitled to the full panoply of rights afforded a defendant in a criminal proceeding.
Morrissey v. Brewer,
The last issue: The trial court did closely question the appellant. That, however, does not mean that he was biased or not impartial. It is obvious from the past offenses of appellant before the court that the court was well aware of appellant’s history in this proceeding. The record shows that the court had been most lenient and patient with an appellant who did not live up to her promises and did not benefit from being probated. This issue overruled, the judgment of the trial court is affirmed.
