State v. Orr

Syllabus

The defendant, who had been convicted of robbery in the first degree, appealed to this court from the judgment of the trial court, revoking his probation and sentencing him to five years of imprisonment. The defendant had signed a form that contained conditions of probation that required, inter alia, that he not violate any criminal law of this state, that he submit to urinalysis and that he report to the Office of Adult Probation as directed. The defendant thereafter was arrested on various drug charges and then was separately charged with violation of proba- tion. In the affidavit that his probation officer, F, prepared as part of the warrant application for the defendant's arrest, F incorporated the facts that were stated in the police report concerning the drug charges and the crimes with which the defendant was charged. F also averred that the defendant had failed on eight occasions to report to the Office of Adult Probation as directed and that a urine sample the defendant provided had tested positive for the presence of marijuana. The state thereafter informed the defendant that it intended to try the violation of probation case before it tried the drug charges. When the probation violation case was called for trial, the state informed the court that it did not intend to offer facts from the drug case and that the basis of the probation violation case was going to be the urinalysis and the defendant's failure to report to the probation office. F then testified about the defendant's failure to keep the eight appointments with the probation office and the urine sample, and the defendant admitted in the hearing that he had smoked marijuana. After the state rested, it informed the court that it likely would present evidence as to the drug charges when that case began during the next court proceeding and moved to open the violation of probation hearing. The trial court granted the state's motion to open the violation of probation proceeding, during which the state