This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- Adrian Flores, the Defendant, was on probation when he allegedly threatened and assaulted Crystal with a firearm, prevented her from leaving, and hit and bit her. These actions led to charges of Aggravated Assault Against a Household Member, Felon in Possession of a Firearm, and Kidnapping, prompting a revocation of his probation.
Procedural History
- [Not applicable or not found]
Parties' Submissions
- Defendant-Appellant: Contended that the evidence, particularly the testimony of the witness Crystal, was insufficient to support the revocation of his probation. Argued that Crystal's testimony was inconsistent and contained physical impossibilities, questioning her credibility and the sufficiency of uncorroborated testimony to convict or revoke probation. (DS 6; MIO 3-4)
- Plaintiff-Appellee: Presented substantial evidence at the revocation hearing, including testimony from Crystal about the Defendant's threatening and assaultive behavior, a deputy officer's testimony about Crystal's report, and the probation officer's testimony regarding the conditions of the Defendant's probation. Argued that this evidence was sufficient to prove a violation of probation conditions. (RP 64, 146-149; DS 3-5)
Legal Issues
- Whether the unsubstantiated and uncorroborated word of a witness is sufficient evidence to revoke the Defendant's probation.
Disposition
- The Court of Appeals affirmed the district court's decision to revoke the Defendant's probation.
Reasons
-
Per WECHSLER, J. (with CELIA FOY CASTILLO, Chief Judge, and CYNTHIA A. FRY, Judge concurring), the court held that the State presented substantial evidence at the revocation hearing to support the conclusion that the Defendant violated standard conditions of his probation agreement. The court emphasized that the standard of proof in a probation revocation proceeding is simply proof which inclines a reasonable and impartial mind to the belief that the defendant had violated the terms of probation. The court also noted that it is the role of the factfinder, in this case, the district court judge, to resolve any conflicts in testimony and to determine the credibility of witnesses. The appellate court, therefore, does not weigh evidence or substitute its judgment for that of the factfinder. The court concluded that the district court did not abuse its discretion in revoking the Defendant's probation, citing established precedents for its decision.
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