AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The Defendant was accused of violating his probation by committing acts of domestic violence against his girlfriend, Ms. Najeras. The incident was reported to the police, and Officer Marcella Sanchez responded to a 911 call from the Defendant's residence. Upon arrival, Officer Sanchez encountered Ms. Najeras, who was visibly distressed and reported being assaulted by the Defendant after she refused to have sex with him. Ms. Najeras also mentioned a threat made by the Defendant with an object she believed was a gun (paras 2-3).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Appellant (Defendant): Argued that the district court improperly admitted hearsay statements under the excited utterance exception and contended that the evidence was insufficient to support the probation revocation (para 1).
• Appellee (State): [Not applicable or not found]

Legal Issues

• Whether the district court improperly admitted hearsay statements under the excited utterance exception to the hearsay rule (para 7).
• Whether the evidence was sufficient to support the revocation of Defendant's probation (para 9).

Disposition

• The district court's decision to revoke the Defendant's probation was affirmed (para 14).

Reasons

• The Court of Appeals, per Judge Timothy L. Garcia, with Judges Linda M. Vanzi and M. Monica Zamora concurring, held that the district court did not abuse its discretion in admitting the hearsay statements and that the revocation of Defendant’s probation was supported by sufficient evidence. The court found that the rules of evidence do not apply to bar the admission of hearsay at a probation revocation hearing, and hearsay is admissible if it has probative value. Victim’s statements were deemed probative of whether Defendant engaged in acts of domestic violence in violation of his probation. The court also found that the statements qualified as excited utterances, noting that Victim was upset, distraught, and had just run out of the residence to police when she made the statements. The court concluded that the evidence, including Officer Sanchez's observations and Victim's statements, was sufficient to support the district court's decision to revoke Defendant's probation (paras 5-13).