GREGORY HUDSON V. COMMONWEALTH OF KENTUCKY
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RENDERED: June 20, 1997; 10:00 a.m.
NOT TO BE PUBLISHED
NO. 96-CA-0703-MR
GREGORY HUDSON
V.
APPELLANT
APPEAL FROM PERRY CIRCUIT COURT
HONORABLE DOUGLAS C. COMBS, JR., JUDGE
ACTION NO. 93-CR-0103
COMMONWEALTH OF KENTUCKY
APPELLEE
OPINION
AFFIRMING
* * * * * * * *
BEFORE:
DYCHE, GARDNER and KNOPF, Judges.
GARDNER, JUDGE:
Gregory Hudson (Hudson) appeals from an order of
the Perry Circuit Court which revoked Hudson's probation and
required him to serve the remainder of a criminal sentence.
We
affirm.
In March 1993, Hudson entered an Alford plea in Perry
Circuit Court on the charge of cultivating marijuana, and received
a sentence of two years in prison probated for five years.
A drug
screening conducted on Hudson in late 1994 or early 1995 revealed
the presence of controlled substances in Hudson's blood, and the
Commonwealth filed a motion seeking to revoke Hudson's probation.
Upon considering the motion, the trial court signed an order on
January 18, 1996,1 amending the first order of probation and
requiring Hudson to attend counseling at Kentucky River Community
Care (KRCC) and to complete 2,080 hours of community service over
four years at the regional animal shelter.
On January 18, 1996, Hudson was advised by his probation
officer, Lana Rose (Rose), to attend his first counseling session
at KRCC on the morning of January 19, 1996.
That same day, Rose
left a telephone message with Hudson's mother also advising Hudson
to report to the animal shelter to begin community service on
January 19, 1996.
On January 22, 1996, Rose learned that Hudson
failed to attend both the counseling session and the community
service, and initiated action to revoke Hudson's probation.
A hearing on the matter was conducted on February 22,
1996, wherein Hudson admitted failing to attend both the counseling
session and the community service.
He stated that he could not
attend the counseling session because his father was ill, and did
not receive the message from Rose regarding the time of his
community service.
He further stated that he did not attempt to
contact Rose to advise her of his father's illness or of his
inability to attend the counseling session.
Upon considering the
evidence, the trial judge revoked Hudson's probation and ordered
him to serve the remainder of the two-year sentence.
This appeal
followed.
1
The hearing on the motion apparently was rescheduled
approximately ten times over the intervening months, thus
accounting for the time lapse between the filing of the motion and
the hearing on the motion.
-2-
Hudson
now
argues
that
the
trial
court
committed
reversible error in revoking his probation since the alleged
violation
of
the
terms
of
probation
preponderance of the evidence.
support
of
the
contention
was
not
proven
by
a
He points to the following in
that
probation
revocation
was
unwarranted: he did not possess telephone service; he did not have
a driver's license; his father was ill on the day of the counseling
session; he lost the business card given to him by Rose upon which
her work and home phone numbers were printed, and he contacted Rose
three days after failing to attend the counseling session and
community service.
We have closely examined Hudson's claim of
error, and find no basis for tampering with the order from which he
appeals.
Hudson has admitted on the record that he failed to
attend the counseling session at KRCC on January 19, 1996, and
further that he did not attempt to contact Rose on that date.
This failure to comply with the order of probation, taken alone, is
a sufficient basis upon which the trial court could properly revoke
the order of probation.
The Commonwealth need only show by a
preponderance of the evidence that Hudson failed to comply with the
terms of his probation.
S.W.2d 716 (1986).
Rasdon v. Commonwealth, Ky. App., 701
It is our conclusion that Hudson's admitted
failure to attend the counseling session is clearly sufficient to
meet this burden.
Nothing more is required.
Hudson's subsequent
failure to begin serving his community service requirement at the
-3-
animal shelter further supports the trial judge's decision to
revoke probation.
For the foregoing reasons, the order of the Perry Circuit
Court is affirmed.
ALL CONCUR.
-4-
BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE:
Ann Eblen
Louisville, Kentucky
A. B. Chandler III
Attorney General
Joseph R. Johnson
Assistant Attorney General
Frankfort, Kentucky
-5-
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