State v. Beck

2000 SD 141, 619 N.W.2d 247, 2000 S.D. LEXIS 147
CourtSouth Dakota Supreme Court
DecidedNovember 15, 2000
DocketNone
StatusPublished
Cited by16 cases

This text of 2000 SD 141 (State v. Beck) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Beck, 2000 SD 141, 619 N.W.2d 247, 2000 S.D. LEXIS 147 (S.D. 2000).

Opinions

AMUNDSON, Justice

[¶ 1.] David Beck appeals the revocation of his probation and the jail sentence imposed after the revocation. We reverse and remand.

FACTS

[¶2.] On August 31, 1998, Beck was indicted in Lincoln County, South Dakota [249]*249for one count of possession of less than one-half pound of marijuana. The offense carried a maximum penalty at that time of one year in the county jail and/or a fine of one thousand dollars. See SDCL 22-42-6 (Supp.1997); SDCL 22-6-2(1). After plea bargaining, Beck entered a guilty plea to the marijuana charge on September 8, 1998. He was sentenced to one year in the county jail and fined $250. The jail sentence was suspended and Beck was placed on probation for two years. The conditions of probation included a requirement that Beck should “obey all federal and state laws and municipal ordinances.” The conditions also included a requirement that Beck notify his court services officer of any change in his employment, educational or residency status.

[¶ 3.] As a result of his probationary status, Beck was also subject to periodic urinalysis. A court services officer obtained a urine sample from Beck on March 10, 1999 and submitted the sample to the State Health Laboratory for analysis. On March 15, the laboratory reported that Beck’s THC screen for marijuana use and his amphetamine/methamphetamine screen were positive. That same date, the court services officer issued a probation violation report based upon the requirement that Beck obey all federal and state laws and municipal ordinances. Three days later; the State filed a petition to revoke Beck’s probation.

[¶ 4.] On March 22, Beck was served with notice of the petition for revocation of his probation and notice of a revocation hearing set for April 5. Beck failed to appear for the hearing and a bench warrant was issued for his arrest. On April 21, a second probation violation report was filed alleging that Beck had absconded from the jurisdiction.

[¶ 5.] Beck was eventually apprehended and a new probation violation hearing was set for July 21. Only Beck’s court services officer testified at the hearing. However, over Beck’s objection, the State also introduced the written laboratory report indicating his positive drug tests. At the close of the hearing, the trial court found Beck violated his probation by using marijuana and/or amphetamines/methamphetamine and by failing to appear for his first probation revocation hearing. On that basis, the trial court revoked Beck’s probation and sentenced him to the county jail for 365 days. Beck appeals.

ISSUE 1

[¶ 6.] Is the evidence sufficient to sustain the revocation of Beck’s probation?

[¶ 7.] The standard of review in probation revocation cases is set forth in State v. Christian, 1999 SD 4, ¶ 12, 588 N.W.2d 881, 883:

“The revocation of a suspended sentence ... is not a decision to be made at the court’s pleasure.” Bell, 369 N.W.2d at 142 (citing Application of Jerrel, 77 S.D. 487, 492, 93 N.W.2d 614, 617 (1958)).
[Pjroof sufficient to support a criminal conviction is not required to support a judge’s discretionary order revoking probation. A judge in such proceeding need not have evidence that would establish beyond a reasonable doubt guilt of criminal offenses. All that is required is that the evidence and facts be such as to reasonably satisfy the judge that the conduct of the probationer has not been as good as required by the conditions of probation.
Bell, 369 N.W.2d at 142 (alterations in original) (quoting State v. Elder, 77 S.D. 540, 544, 95 N.W.2d 592, 594 (1959) (citation omitted)).

[¶ 8.] Beck argues that, even under this burden of proof, there is insufficient evidence to sustain the revocation of his probation. He contends the evidence is insufficient because the trial court erred in admitting the written Health Lab report into evidence. Absent that report, Beck asserts there is insufficient evidence he violated his probation.

[250]*250[¶ 9.] Beck argues the trial court erred in admitting the lab report because it failed to require live foundation testimony from the person who prepared it. Beck contends such a procedure violates the Confrontation Clause. He further contends an inadequate foundation was laid for the report’s introduction and that the State failed to establish a sufficient chain of custody over his urine sample to warrant admission of the report.

[¶ 10.] SDCL 28-3-19.3 provides:

A copy of a statement of the methods and findings of any examination or analysis conducted by employees of the state forensic laboratory or by a certified chemist employed by a law enforcement agency within the state, authenticated under oath by the employee, is prima facie evidence in all grand jury and court proceedings in the State of South Dakota of the facts contained therein reciting the methods and findings.
The statement has the same force and effect as if the person who performed the analysis or examination had testified in person. An accused person or the accused’s attorney may request that the person in the state forensic laboratory or the certified chemist employed by a law enforcement agency within the state, who conducted the examination testify in person at a criminal trial concerning the examination or analysis.

While on its face, this statute would appear to support the admission of the lab report into evidence, the lab report was not “authenticated under oath” as the statute requires. Moreover, a statute is subject to Constitutional standards and limitations. In United States v. Bell, 785 F.2d 640 (8th Cir.1986), the United States Court of Appeals for the Eighth Circuit specifically considered the admissibility of written urinalysis reports in probation revocation proceedings in light of Confrontation Clause requirements. The court observed:

In [Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972) ], the Supreme Court held that the Sixth Amendment confrontation clause affords parolees in parole-revocation proceedings
the right to confront and cross-examine adverse witnesses (unless the hearing officer specifically finds good cause for not allowing confrontation). [But such proceeding nevertheless is a] narrow inquiry ... flexible enough to consider ... material that would not be admissible in an adversary criminal trial.
408 U.S. at 489, 92 S.Ct. at 2604. [Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973) ] held that probationers are entitled to the same rights as Morrissey held applicable to parolees. 411 U.S. at 782, 93 S.Ct. at 1759.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Kari
960 N.W.2d 614 (South Dakota Supreme Court, 2021)
State v. Taylor
948 N.W.2d 342 (South Dakota Supreme Court, 2020)
State v. Mosley
179 A.3d 350 (Supreme Court of New Jersey, 2018)
State v. Lemler
2009 SD 86 (South Dakota Supreme Court, 2009)
Acevedo v. South Dakota Board of Pardons & Paroles
2009 SD 45 (South Dakota Supreme Court, 2009)
State v. Reaves
2008 SD 105 (South Dakota Supreme Court, 2008)
State v. Divan
2006 SD 105 (South Dakota Supreme Court, 2006)
Brookside Townhouse Ass'n v. Clarin
2004 SD 79 (South Dakota Supreme Court, 2004)
State v. Sanchez
2001 NMCA 060 (New Mexico Court of Appeals, 2001)
State v. Frazier
2001 SD 19 (South Dakota Supreme Court, 2001)
State v. Beck
2000 SD 141 (South Dakota Supreme Court, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
2000 SD 141, 619 N.W.2d 247, 2000 S.D. LEXIS 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-beck-sd-2000.