State v. Nolen

¶ 1. Defendant appeals from the criminal division’s order for an unsatisfactory discharge of defendant from probation. Defendant claims that the trial court abused its discretion by characterizing his discharge as “unsatisfactory” without a hearing or an affidavit demonstrating a probation violation, and seeks a mandate to the trial court for an unqualified discharge. Although not a cross-appellant, the State also contends that the trial court erred by discharging defendant from probation without an evidentiary hearing. We reverse and remand.

¶2. The facts can be summarized as follows. Found…