State v. Martinik

After pleading guilty to five counts of larceny in the third degree, the defendant was sentenced to concurrent suspended six month terms and placed on probation for two years, conditional upon the making of restitution payments. A warrant for the arrest of the defendant for violation of probation was issued and a hearing held thereon. The trial court concluded that probation was violated and sentenced the defendant to incarceration. The defendant appealed from that judgment.

The state claims that the arrest warrant specified two grounds for violation of probation: failure to make restitution…