People v. Van Deusen

METZGER, Judge.

Defendant’s deferred sentence was revoked after a contested hearing at which the trial court found, by a preponderance of the evidence, that defendant had violated a condition of his deferred sentence which provided that defendant not commit any criminal offenses. Thereafter, the court imposed a sentence of two years plus one year of parole, which defendant has served. Nevertheless, defendant contends that, since only criminal offenses were alleged as the basis for the motion for revocation, the trial court should have applied a test of “beyond a reasonable doubt.” We agree.

In…