Baugh (Taursus) v. State

• Court: Nevada Supreme Court
• Decided: May 12, 2014
• Docket: 64032
• Status: Unpublished

Opinion

imposed by probation officer." After the State first sought revocation, the district court continued Baugh's probation, entered an amended judgment of conviction, and noted that "if Defendant is terminated by Drug Court, her Probation will be revoked and prison time will be imposed." Approximately five weeks later, Baugh was terminated from the drug court program. At the subsequent revocation hearing, the district court reiterated that Baugh's "prior reinstatement was conditioned on [her] not being terminated from Drug Court," and while it acknowledged that the State also submitted a report listing other violations, the district court emphasized that "the reason we're here today is 'cause she was terminated from Drug Court." As a result, the district court found that Baugh's conduct was not as good as required and revoked her probation. See id. Additionally, Baugh conceded at the hearing that she violated the terms of her probation by not complying with the curfew provision. See generally McNallen v. State, 91 Nev. 592, 540 P.2d 121 (1975) (revocation of probation affirmed where violation by probationer not refuted). The record does not demonstrate that the district court based its revocation decision on any improper evidence, and we conclude that the district court did not abuse its discretion by revoking Baugh's probation. Accordingly, we ORDER the judgment of the district court AFFIRMED.

J. Hardesty

J. Douglas

SUPREME COURT OF NEVADA 2 (0) 1947A cc: Hon. Elizabeth Goff Gonzalez, District Judge Hua Ferguson Law Offices Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA 3 (0) 1947A .(tcP4c.