Kurzmann v. State

STEELE, Chief Justice.

Several years ago, the defendant appellant, Michael Kurzmann pleaded guilty to assaulting his wife and to several other charges. A Superior Court judge sentenced him to seven years at Level 5, suspended for six months at Level 4, followed by Level 3 probation. On July 4, 2005, while he was still on probation, Kurz-mann allegedly assaulted his wife. The State brought a violation of probation proceeding against Kurzmann based on the alleged assault contending, among other things, that Kurzmann violated his probation by committing a new criminal offense. After a contested…