State v. Voeltner

I dissent. I would affirm the order of the trial court revoking Voeltner’s probation.

Voeltner was on probation for attempted child molesting when a law enforcement officer approached his vehicle after receiving a report of reckless driving. The evidence established that the officer observed an open can of toluene solvent on the front seat of the car and a white rag on the floor. A strong odor of toluene was present inside the car and toluene was on Voeltner’s jeans. Voeltner’s eyes were extremely constricted and he was unable to walk without assistance. The officer concluded that Voeltner had…