Spinney v. State
Annotate this CaseDefendant pleaded guilty to one count of robbery. Defendant later admitted to four violations of his probation. The court enrolled Defendant in drug court. After he entered the program, Defendant again violated the conditions of his probation. Following a hearing to determine whether to expel Defendant from the drug court program, the court revoked Defendant’s probation and imposed a sentence of five years. Defendant filed a petition for post-conviction review, arguing that his due process and equal protection rights had been violated at the drug court termination hearing. The State moved to dismiss Defendant’s petition based on a lack of subject matter jurisdiction, arguing that Me. Rev. Stat. 15, 2121, 2124 expressly barred post-conviction review of a probation revocation. The court denied the State’s motion to dismiss and granted Defendant’s petition for post-conviction review. The Supreme Court vacated the judgment and remanded with instructions to dismiss the petition for post-conviction review, holding (1) in this case, the proper path to obtain review is to file a notice of appeal; and (2) the court did not abuse its discretion in expelling Defendant from drug court and revoking his probation.
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