Opinion
Def. ID#0109001005
March 10, 2003
Motion for Postconviction Relief
Dear Mr. Downes:
This is my decision on your Motion for Postconviction Relief. I will respond to your arguments in the order that you raised them. One, your due process rights were not violated. You had notice of the alleged violations of your probation and an opportunity to respond to those allegations. I note, as an aside, that you admitted to violating your probation. Two, I did consider alternatives to incarceration, but I did not think that they were appropriate under the circumstances. Three, my decision to revoke your probation and place you at supervision level V was appropriate because you were not performing as well as you should have been on supervision level III probation. You missed several appointments with your probation officer and you did not, as you had been directed to do, get a substance abuse evaluation and follow up with the treatment recommendations. You have, by your own admission, an alcohol abuse problem. The Key Program will help you address that. Four, I did not abuse my discretion in revoking your probation and resentencing you. My decision to do this was certainly supported by the violations that you admitted to at your violation of probation hearing. Five, I did not sentence you to the supervision level V Key program because you were not paying your Court costs. I did it because you otherwise violated your probation in the ways that I have already discussed and you needed treatment for your alcohol abuse problem. Therefore, your Motion for Postconviction Relief is denied.
IT IS SO ORDERED.