State v. Michael Douglas White

Judge GRATTON,

specially concurring.

I concur with the majority opinion. However, I would add a strong caution against using the mere minutes from a probable cause hearing and the order finding probable cause as the sole basis of proof of a probation violation, particularly one involving a separate crime. Such minutes are a summary of testimony, not testimony. In this instance, the district court, at best, made only an implied finding of reliability. See State v. Farmer, 131 Idaho 803, 806, 964 P.2d 670, 673 (Ct.App.1998) (requiring a reliability finding). In addition, the district court made…