State v. Montoya

OPINION

WOOD, Chief Judge.

The appeal involves the validity of defendant’s probation revocation “hearing.”

Pursuant to plea bargain, defendant pled guilty to two criminal sexual penetration offenses. The sentences imposed were suspended and defendant was placed on probation. One of the conditions of probation was that defendant obey all state laws. Another condition of probation was that defendant not consume any alcoholic beverages or liquors.

The motion to revoke probation alleged that defendant had committed criminal sexual penetration and aggravated burglary. The motion also alleged defendant…