State v. Hurley
Annotate this CaseWhile Defendant was serving a nonprison sentence of probation with community corrections supervision in three cases, the State filed a motion to revoke Defendant’s probation. After a hearing, the district court stated that it would reinstate Defendant on probation with a ninety-day sanction. The court, however, reopened the completed probation revocation hearing based upon Defendant’s subsequent contemptuous act, found Defendant in direct contempt of court, and ordered Defendant to serve his original sentence. The Supreme Court reversed, holding that the district court’s revocation of Defendant’s probation was based on a ground for which Defendant was not provided sufficient notice and opportunity to be heard in violation of Defendant’s due process rights. Remanded for a new probation revocation hearing.
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