In re Mark JankowskiAnnotate this Case
Petitioner Mark Jankowski appealed the denial of his petition for post-conviction relief (PCR). In November 2010, petitioner pled guilty to sexual assault on a child, and was sentenced to a term of five to twenty years, all suspended except for three years to serve, and probation. He found to have violated his probation in August 2011. At the conclusion of its decision, the trial court indicated that the matter would be “set for a sentencing hearing.” At the sentencing hearing on March 13, 2012, the court asked if it would be a contested sentencing hearing, prompting counsel for the State and for petitioner to ask for time to confer. Their request was granted. Upon their return to court with petitioner, counsel informed the court that the parties had reached an agreement. Petitioner’s sentence would be amended from a five-to-twenty-year split sentence with three years to serve to a four-to-twenty-years straight sentence to serve. His probation would be revoked. He would also be given credit for all time served. Defense counsel indicated that he had spoken with petitioner and stated that petitioner had agreed with the resolution. The court accepted the agreement. A year later, Petitioner filed a pro se PCR petition, alleging the Violation of Probation (VOP) process violated his constitutional rights. He asserted that no sentencing hearing was held, he did not waive such hearing, and he was never personally addressed by the court. The PCR court granted summary judgment to the State, concluding petitioner’s rights were satisfied when he was afforded a full evidentiary hearing on the merits portion of the revocation hearing. The Supreme Court held that petitioner was entitled to PCR to overturn his probation revocation. The case was remanded for a new determination regarding whether his probation should be revoked and a new sentencing hearing if it was revoked.