Opinion
No. 108,082.
2013-08-29
STATE of Kansas, Appellee, v. Eric R. SPEAR, Appellant.
Appeal from Sedgwick District Court; Jeff Goering, Judge.
Submitted by the parties for summary disposition pursuant to K.S.A.2012 Supp. 21–6820(g) and (h).
Before McANANY, P.J., HILL and LEBEN, JJ.
MEMORANDUM OPINION
PER CURIAM.
In December 2007, Eric R. Spear pled guilty to two counts of aggravated robbery and one count of attempted robbery. In exchange, the State agreed to recommend concurrent grid sentences and to recommend a dispositional departure sentence to the Labette Correctional Conservation Camp. When the court sentenced Spears in February 2008, it followed the plea agreement by imposing a controlling sentence of 102 months' incarceration, but granted Spear's motion and ordered him to complete the Labette program and 36 months' probation with community corrections.
Spear graduated from the Labette program in October 2008 and returned to court where conditions of probation were established. In December 2010, however, Spear was arrested for driving while under the influence of alcohol (DUI) and no proof of insurance; as a result, the State filed a motion seeking to revoke Spear's probation. The court found Spears violated his probation based upon amended allegations. The court revoked Spear's probation in another case and ordered him to serve the 12–month sentence. However, the court deferred a ruling on Spear's probation in the present case until he served his 12–month sentence. The term of his probation in the present case was extended by 12 months.
As Spear neared completion of his jail term, he appeared again before the court in the present case. After reviewing the record, the court reinstated Spear's probation. With a couple of months, however, another warrant was issued by the State that alleged Spear had violated the terms of his probation in a number of respects. The warrant alleged that Spear had failed to report to his Intensive Supervision Officer (ISO), failed to take a hair follicle test, failed to report a change of employment status, and provided false information to his ISO about an out-of-state trip.
On April 10, 2012, the district court revoked Spear's probation and ordered him to serve a modified sentence of 96 months' incarceration. Spear appealed from the district court's decision.
On appeal, Spear moved for summary disposition in lieu of briefing pursuant to K.S.A.2012 Supp. 21–6820(g) and (h) and Supreme Court Rule 7.041A (2012 Kan. Ct. R. Annot. 62.) The State filed a response asking this court to uphold the revocation order. This court granted leave to proceed without briefing.
Spear admitted violating the terms of his probation on several occasions. Spear completed the Labette boot camp program and work release for another case. However, outside these strict-structure environments, he repeatedly succumbed to abusing drugs and/or alcohol and failing to abide by other terms of his probation. Based on a thorough review of the record, we find the district court did not abuse its discretion in revoking Spear's probation. See State v. Gumfory, 281 Kan. 1168, 1170, 135 P.3d 1191 (2006); State v. Carr, 274 Kan. 442, 451, 53 P.3d 843 (2002).
Affirmed under Supreme Court Rule 7.042(b)(6) (2012 Kan. Ct. R. Annot. 63).