State v. Sebastian
Annotate this CaseDefendant was convicted of felony burglary and misdemeanor criminal mischief. Defendant was sentenced to five years incarceration, all suspended. One of the conditions of Defendant's probation was that he not use or possess illegal drugs. The State later filed a petition to revoke Defendant's suspended sentence for, inter alia, driving under the influence of drugs and crushing up his medications and snorting them, rather than taking them as directed by a physician. Defendant moved for a continuance of his revocation hearing, explaining that a "substantial amount of discovery" had not yet been produced. The district court denied the motion. After a hearing, the district court ordered Defendant's sentence revoked. The Supreme Court affirmed, holding that the district court did not abuse its discretion or violate Defendant's right to due process when it revoked Defendant's probation without requiring full disclosure of all evidence against him.
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