State v. Daschendorf

Minnesota Court of Appeals
State v. Daschendorf, 371 N.W.2d 255 (Minn. Ct. App. 1985)
1985 Minn. App. LEXIS 4409
Foley, Leslie, Popovich, Waived

State v. Daschendorf

Opinion of the Court

SUMMARY OPINION

LESLIE, Judge.

FACTS

In 1981 appellant Craig Daschendorf pleaded guilty to burglary. Imposition of sentence was stayed and he was placed on probation. On April 15, 1984, a probation violation hearing was held in which appellant admitted that he had two misdemeanor D.W.I. convictions and one gross misdemeanor D.W.I. conviction since he was placed on probation. The trial court subsequently revoked probation and ordered execution of sentence of one year and one day to the Minnesota Commissioner of Corrections. On appeal Daschendorf challenges the revocation of probation.

DECISION

The trial court has broad discretion in determining whether probation should be revoked and that decision will be upset only upon a showing of a clear abuse of discretion. State v. Austin, 295 N.W.2d 246 *256(Minn. 1980); State v. Spanyard, 358 N.W.2d 125 (Minn.Ct.App. 1984); State v. Hemmings, 371 N.W.2d 44 (Minn.Ct.App. 1985).

The report of the corrections agent recommended that probation be revoked because of appellant’s continued conduct. Appellant clearly violated a condition of probation by committing several offenses while on probation. The trial court did not abuse its discretion in revoking probation and imposing an executed prison sentence of one year and one day.

Affirmed.

Reference

Full Case Name
STATE of Minnesota v. Craig DASCHENDORF
Status
Published