State v. Austin

295 N.W.2d 246, 1980 Minn. LEXIS 1496
CourtSupreme Court of Minnesota
DecidedJuly 3, 1980
Docket49750
StatusPublished
Cited by151 cases

This text of 295 N.W.2d 246 (State v. Austin) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Austin, 295 N.W.2d 246, 1980 Minn. LEXIS 1496 (Mich. 1980).

Opinions

YETKA, Justice.

On October 19,1978, the St. Louis County District Court revoked appellant’s probation and reinstated his concurrent sentences of 0 to 20 years for burglary and 1 to 5 years for aggravated assault which were to be served in the St. Cloud Reformatory. The alleged grounds supporting revocation were that the appellant “failed to comply with stipulated conditions of release with respect to treatment at Eden Home Facility.” Appellant claims that the trial court erred in revoking his probation because he substantially complied with what he understood to be his obligations. He therefore appeals the revocation order. We affirm.

The issues raised on appeal are:

I. Whether the trial court clearly abused its discretion by revoking the appellant’s probation. »

II. Whether the appellant was given adequate notice of the conditions of his probation and explicit enough instructions by his probation officer.

III. Whether the appellant was denied adequate notice of the alleged grounds supporting revocation.

On December 8, 1977, pursuant to a plea agreement, appellant pled guilty to burglary and aggravated assault charges stemming from an October 7, 1977, incident. Thereafter, the court sentenced him to concurrent terms of 0 to 20 years for burglary and 1 to 5 years for aggravated assault. The sentence was stayed and appellant placed on probation for 6 years. There was testimony that the appellant received a written copy of standard conditions of probation at that time.

On June 9, 1978, a probation revocation hearing was held before the same judge who originally sentenced appellant. The appellant admitted leaving the Eden Day Care Center, a drug treatment program, without the permission of the staff or his probation officer in violation of the probation order. The court found that the appellant had violated the conditions of his probation and revoked the probation. Once more the judge stayed execution of the sentence and placed the appellant on probation for another 6 years. The court orally informed the appellant that the conditions of his probation were: 1) that he spend the first 90 days in the St. Louis County Jail with credit for past jail time;' 2) that he obey all the laws of the land and rules set out by the probation officer; 3) that he refrain from the use of intoxicants or controlled substances; and 4) that the Arrowhead Regional Corrections authorities screen him for help with his chemical dependency problem.

At the end of the appellant’s 90-day jail sentence, Frank Kampa, the appellant’s [249]*249probation officer, made arrangements for the appellant to be considered for admission to Eden Residential Program (Eden House) in Minneapolis. Mr. Kampa testified that before the appellant went to Minneapolis, he told him that “if for any reason he did not enter the program, he should return to the St. Louis County Jail.” He believed he had made clear to the appellant he should return immediately if he was not admitted.

The appellant’s mother picked him up the afternoon of Friday, August 11, 1978, and around 8:00 p.m. they arrived at Eden House in Minneapolis accompanied by appellant’s girl friend. The appellant’s mother and girl friend left him at Eden House with his personal belongings.

A resident at Eden House who acted as an intake counselor interviewed the appellant and gave him some information about the program. Appellant told the resident that he was scared and wanted the weekend to think about his decision to enter the program. One of them suggested that he discuss it with his mother and girl friend. Although the appellant denies it, the resident testified that appellant told him Mr. Kampa said he could make his decision about the program on Monday. The intake counselor had no authority to retain the appellant so he instructed him to call Sunday to tell them his decision. Leaving all of his belongings at Eden House, appellant walked to his girl friend’s where he spent the weekend.

The appellant claims that he tried to call Eden House on Sunday but did not get through. There was no record of calls or messages from him despite the fact that all calls are recorded. Monday morning when his mother called to arrange to take him to Eden House, she could not reach him. She panicked and called the center to tell them that she would be bringing him in. Mr. Brock Schumacher, the director of Eden Day, told appellant’s mother that he was under the impression that the appellant had failed to come to Eden House on Friday and that he was therefore reporting him to the St. Louis County authorities. Appellant’s mother insisted that he had arrived on Friday, but Mr. ■ Schumacher was not persuaded.

The appellant and his mother then made several attempts to get him into a drug treatment program. On Tuesday, August 15, appellant had an interview with the director of Nexus, another drug treatment program in the Twin Cities, in hopes that he could help him get into Eden House. The next day, Schumacher personally told the appellant that he would not be admitted to Eden House so he should turn himself into the jail. Appellant planned to return to St. Louis County Jail that night, but his mother asked him to wait until Thursday so that she could drive him. On Thursday, August 17, the appellant voluntarily returned to St. Louis County Jail.

Meanwhile, on Monday, August 14, Schu-macher called the Arrowhead Corrections Office where he reported to Michael Farrell, who was acting as appellant’s probation officer, that appellant had failed to appear at Eden Center on Friday and consequently would not be admitted to the program. Once Schumacher realized that appellant had appeared, he wrote Arrowhead saying that the appellant had arrived but lied to an admission officer and failed to show a commitment to the program so would not be admitted. The letter did not arrive until Wednesday, and as a result of the erroneous conversation on Monday, Farrell obtained a bench warrant for appellant dated Tuesday, August 15.

On August 21, 1978, appellant was given notice of the following alleged grounds for revocation: “failure to follow through with stipulated conditions of release with respect to treatment at Eden Home facility.” A hearing was held on September 28, 1978. Schumacher testified that, as of the time of the hearing, the appellant would be considered a good risk for the Eden program and would be accepted. Nevertheless, on October 19, 1978, the court revoked appellant’s probation and reinstated his sentence. Appellant now appeals that order.

The trial court has broad discretion in determining if there is sufficient evidence to revoke probation and should be [250]*250reversed only if there is a clear abuse of that discretion. State ex rel. Halverson v. Young, 278 Minn. 381, 154 N.W.2d 699 (1967); United States v. Strada, 503 F.2d 1081, 1085 (8th Cir. 1974).

The threshold question in this case is what findings a trial court must make before revoking probation. For the future guidance of the lower courts, we adopt a three-step analysis which requires that before probation be revoked, the court must 1) designate the specific condition or conditions that were violated; 2) find that the violation was intentional or inexcusable; and 3) find that need for confinement outweighs the policies favoring probation.

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Cite This Page — Counsel Stack

Bluebook (online)
295 N.W.2d 246, 1980 Minn. LEXIS 1496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-austin-minn-1980.