Cross v. State

BERANEK, Judge.

This is an appeal by defendant from a violation of probation proceeding. Defendant’s probation was violated on the basis of an affidavit alleging violation of probation based upon possession of a weapon in paragraph 1 and trespass to real property in paragraph 2.

At the actual hearing the trial judge who knew the defendant personally due to his numerous appearances in court commented that the defendant’s real problems were alcohol related. The defendant, his lawyer, and the Judge all agreed. The trial judge made reference to a report by the probation officer indicating that the…