State v. Averill

¶1 On July 25, 2000, the Montana Eighth Judicial District Court, Cascade County, revoked Appellant George Averill’s (Averill’s) suspended sentence after determining, by a preponderance of the evidence, that Averill had violated the terms and conditions of his suspended sentence. Averill appeals. We affirm.

ISSUE

¶2 The only issue before this Court is whether the District Court erred in finding probation violations without a finding that the probationer acted with purpose, knowledge or negligence when committing the violations.

FACTUAL BACKGROUND

¶3 Averill is a 54 year old male who received his…