State v. Howard
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The Supreme Court affirmed the revocation of his suspended sentence by the district court, holding that the district court's sentence revocation was supported by sufficient evidence that Defendant had violated the conditions of supervision by engaging in a new criminal offense.
Defendant pled guilty to aggravated assault and endangering the welfare of a child. After completing the unsuspended portion of his sentence Defendant was released to serve the suspended portion of his sentence. Later, the county attorney filed a petition for revocation of Defendant's suspended sentence, alleging that Defendant had violated a condition of probation. The district court found by a preponderance of the evidence that Defendant had committed non-compliance violations of the probationary conditions of his sentence. The court then revoked Defendant's sentence and resentenced him. The Supreme Court affirmed, holding that the district court did not err by determining that Defendant violated a sentencing condition by committing sexual abuse of children.
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