State v. Skyes

Syllabus

The defendant appealed from the judgment of the trial court finding him in violation of probation and revoking his probation. He claimed, inter alia, that there was insufficient evidence that he violated a condition of his probation. Held: The trial court did not err in denying the defendant's motion to suppress certain evidence seized by his probation officer and other members of the Office of Adult Probation during a search of his apartment, as the defendant failed to sustain his burden of proving that the exclusionary rule, which does not ordinarily apply in revocation of probation proceedings, was applicable under the circumstances of this case. There was sufficient evidence to support the trial court's conclusion that the defendant possessed sexually explicit materials in violation of a condition of his probation. There was sufficient evidence to support the trial court's conclusion that the defendant violated the condition of his probation requiring that he use only those computers that had been approved by his probation officer. The trial court erred in determining that the defendant violated the condition of his probation requiring him to take polygraph examinations, as there was insufficient evidence that his refusal to take a different examination violated this condition and, accordingly, because this court could not conclude that the trial court's erroneous factual finding did not impact the sentence it imposed, the judgment was reversed with respect to the defendant's sentence and the case was remanded with direction to resentence the defendant. Argued March 18—officially released May 27, 2025