S-13-0118, State v. Scott D. Johnson (Appellant)
Lancaster County, Judge John Colborn
Attorneys: Shawn Elliott (Public Defender) --- George R. Love (Attorney General’s Office)
Criminal: Revocation of probation; abuse of a vulnerable adult
Proceedings below: This case was previously before the Court of Appeals. See A-08-0202 (affirmed order of probation). See A-11-0285 (Motion for summary dismissal sustained; order denying motion to discharge in probation revocation proceeding not a final appealable order). Petition for further review denied. In the instant appeal, the court found Appellant had violated a term of his probation and revoked his probation. He was sentenced 1 to 2 years in prison.
Issues: The trial court erred in (1) admitting into evidence hearsay statements at the hearing on the motion to revoke probation; (2) finding the State had proven Appellant had violated a term of probation by clear and convincing evidence.