State v. Bensh

Defendant Richard G. Bensh appeals a district court’s determination that he was in violation of probation conditions when he was observed consuming alcoholic beverages. Defendant argues that, because he had completed his parole period, he was no longer on probation and subject to its conditions. We affirm.

In March 1994, defendant was convicted for a third time of driving while under the influence of alcohol. He was sentenced to two to five years of incarceration, all suspended but one year. At the time of sentencing, the court issued a probation warrant — which defendant signed — placing…