State v. Monk

Defendant appeals a judgment extending his probation that was entered after the trial court found that he had violated one of his conditions of probation. Defendant argues that the sole evidence offered to support the allegation that he violated probation was admitted in violation of his due process rights. See generally United States v. Comito, 177 F3d 1166 (9th Cir 1999); State v. Johnson, 221 Or App 394, 190 P3d 455, rev den, 345 Or 418 (2008). We reverse and remand.

Defendant was placed on probation for menacing, ORS 163.190, and, after a probation violation hearing, the trial court found…