Opinion
Case No. 20070190-CA.
Filed June 21, 2007. NOT FOR OFFICIAL PUBLICATION.
Appeal from the Second District, Farmington Department, 061700448 The Honorable Darwin C. Hansen.
Scott L. Wiggins, Salt Lake City, for Appellant.
Mark L. Shurtleff and Laura B. Dupaix, Salt Lake City, for Appellee.
Before Judges Greenwood, Davis, and McHugh.
MEMORANDUM DECISION
Christopher Michael Fisher appeals the district court's order revoking his probation. This case is before the court on a sua sponte motion for summary disposition for failure to raise a substantial question. We affirm.
Fisher contends that the district court abused its discretion in revoking his probation. However,
[a] determination to revoke probation is within the discretion of the trial court. We will reverse only if the evidence, when viewed in a light most favorable to the court's decision, is so deficient that it must be concluded the trial court abused its discretion. Furthermore, the court's underlying factual findings supporting its conclusion that defendant violated probation will not be disturbed unless they are clearly erroneous.
State v. Ruesga, 851 P.2d 1229, 1231 (Utah Ct.App. 1993) (citations omitted).
On February 1, 2007, Fisher admitted that he violated the conditions of his probation. Under the circumstances, the district court did not abuse its discretion in revoking Fisher's probation.
Accordingly, we affirm.