State v. Dennis

Syllabus

The defendant appealed from the trial court's judgment revoking his pro- bation and imposing a sentence of incarceration. He claimed, inter alia, that the court's finding that he violated his probation by failing to submit to counseling as required pursuant to the conditions of his probation was clearly erroneous. Held: The trial court's finding that the defendant had violated his probation was not clearly erroneous, as that finding was supported by evidence in the record and this court was not left with a definite and firm conviction that a mistake was made. The defendant's claim that he lacked adequate notice that he was required, as conditions of his probation, to gain admission into a specific treatment program and to admit that he was abusing alcohol was unavailing, as the defendant had sufficient notice of the terms of his probation to satisfy the requirements of due process. The trial court did not abuse its discretion by revoking the defendant's probation and imposing a sentence of incarceration, as the court had ample evidence before it to support its finding that the beneficial purposes of pro- bation were no longer being served. Argued September 11, 2025—officially released February 10, 2026