State v. Lloyd

Powell, J.:

Todd Lloyd appeals the revocation of his probation, contending the district court erred in relying upon a probable cause finding made at his preliminaiy hearing on a new charge of kidnapping to find by a preponderance of the evidence that Lloyd had violated the conditions of his probation. The district court then revoked his probation and ordered Lloyd to serve his underlying sentence. Because we agree with Lloyd that the standard for bind ing someone over for trial—probable cause the defendant committed the act(s) for which he or she was charged—is a lesser standard than that…