CASE LAW UPDATE: Whether the trial court erred in revoking defendant’s probation for a probation violation?
The trial court revoked defendant’s probation. He appealed. On appeal, he argued that the trial court abused its discretion by finding that (1) he willfully and intentionally violated his probation; and (2) the need for confinement outweighed the policies favoring probation. Noting that the record reflected that the trial court did clearly order defendant not to contact the victim, the Minnesota Court of Appeals concluded that the trial court did not abuse its discretion by finding that defendant willfully and intentionally violated probation under the second Austin factor. Affirmed.
State v. Burk, A21-0817, Dakota County.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.