In re Mark Jankowski

¶ 1. Petitioner appeals from a denial of his petition for post-conviction relief (PCR). We hold that petitioner is entitled to PCR to overturn his probation revocation. We remand for a new determination regarding whether his probation should be revoked and a new sentencing hearing if it is revoked.

¶ 2. In November 2010, petitioner pled guilty to sexual assault on a child, and was sentenced to a term of five to twenty years, all suspended except for three years to serve, and probation. He was charged with violation of probation (VOP) in August 2011. A VOP merits hearing was held in December…