State v. Davis

 Annotate this Case
Download PDF
FILED: July 23, 2014 IN THE COURT OF APPEALS OF THE STATE OF OREGON STATE OF OREGON, Plaintiff-Respondent, v. BILLY DALE DAVIS, Defendant-Appellant. Douglas County Circuit Court 12CR0938FE A152538 Frances Elaine Burge, Judge. Submitted on June 24, 2014. Peter Gartlan, Chief Defender, and Lindsey Burrows, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Sarah M. Villanueva, Assistant Attorney General, filed the brief for respondent. Before Hadlock, Presiding Judge, and Tookey, Judge, and De Muniz, Senior Judge. PER CURIAM Vacated and remanded. 1 PER CURIAM 2 Defendant appeals a judgment revoking his probation. The trial court 3 determined that defendant had violated his probation by changing his residence without 4 permission and by associating with a known drug user. On appeal, defendant asserts that 5 there was legally insufficient evidence of either probation violation. See State v. Perez, 6 122 Or App 385, 388, 857 P2d 893 (1993) (court reviews a trial court's decision to 7 revoke probation for abuse of discretion); State v. Winters, 44 Or App 9, 12, 605 P2d 293 8 (1980) (a trial court abuses its discretion when it revokes probation based on insufficient 9 evidence). We reject without discussion defendant's contention regarding the change of 10 residence. With respect to the other basis for the probation revocation, the state concedes 11 that there was insufficient evidence that defendant had violated his probation by 12 associating with a known drug user. Accordingly, the state asserts "this court should 13 vacate the judgment and remand for further proceedings." We agree, and accept the 14 state's concession. See State v. Milnes, 256 Or App 701, 710, 301 P3d 966 (2013) 15 (reversing and remanding probation revocation judgment where one ground for 16 revocation was incorrect and the trial court had not indicated whether it would have 17 revoked the defendant's probation in the absence of that ground). 18 Vacated and remanded. 1

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.